woman, her treatment and death in a public hospital, and the special duties of the state stemming from said
condition must be taken into account. In that regard, it must be examined whether or not the state was able to
provide adequate healthcare services to Ms. Cristina Britez Arce during her pregnancy and on the morning of
June 1, 1992, bearing in mind that this medical care cannot be confined to one single conduct or to one given
moment, but must be examined comprehensively.
77. Regarding this, the Commission notes, first of all, that although the State argues that Ms. Britez did not go
for pregnancy checkups until the 29th week of her pregnancy, it has not submitted information demonstrating
that, at that time, she would have been given specific healthcare information or recommendations to prevent
hypertension, despite their knowledge from her clinical records about preeclampsia in a previous pregnancy.
78. Second, the Commission observes at least two important risk factors that have not been dismissed and
which the physicians who took care of Ms. Britez during her checkups should have taken into account, such as:
1) a substantial increase in weight, and 2) prior history of preeclampsia in a previous pregnancy. To this must
be added the fact that Ms. Britez, in one of her checkups, presented a blood pressure reading of 130/90, which
may be a sign of preeclampsia according to the WHO parameters mentioned earlier.
79. Thus, although the Commission cannot assert that Ms. Britez was suffering from preeclampsia and that it
was that illness that led to her death, it can observe that, bearing in mind that preeclampsia and eclampsia
trigger high rates of maternal mortality, the attending physicians had the special duty of providing protection
and should have provided Ms. Cristina Britez diligent and reinforced medical care, especially considering that,
in these cases, “maternal deaths can occur among severe cases, but the progression from mild to severe can be
rapid, unexpected, and occasionally fulminant.”111
80. The state of Argentina did not provide the necessary documentation to the case file in order to sufficiently
demonstrate that it took the steps it should have taken in terms of maternal health services; for example, it did
not provide Ms. Britez’s clinical record, which would have made it possible to learn about whether or not basic
tests had been administered to detect possible risks to her health and life, along with the fact that said clinical
record, which was used as the basis for the expert reports that were prepared internally , was repeatedly
questioned by her next of kin in the domestic legal system. The Commission also observes that it does not have
information indicating that a comprehensive diagnosis for Ms. Britez had been undertaken on a timely basis,
so that she could be given specialized treatment to prevent her life, health, and integrity from being affected,
keeping in mind the above-mentioned antecedents of risk.
81. Third and finally, the Commission observes that, on the basis of the expert reports mentioned above, the
cause of Ms. Britez’s death was undiagnosed or untreated preeclampsia and, as mentioned, there was no
exhaustive checkup based on the techniques that were required and which did not involve any complexity,
although it involved a pregnancy including factors that would tend to establish it as a high-risk pregnancy. The
Commission observes that the above was ruled by some experts as “very poor care,” pointing out in addition
that “there had been poor management of the woman which led to the death of the fetus” (see paragraphs 34
and 50 above). The Commission also notes that, according to the charges of the prosecution, Ms. Britez’s
hypoglycemia could well have been related to the high stress she suffered from when notified that her child
had died, to which the prosecutor asked the following question: “Why did they not wait for the result before
subjecting her to another element of stress such as labor or birth?” As indicated by the prosecutor, at that time,
the above had led Ms. Britez to a condition of eclampsia and ultimately to an irreversible cardiopulmonary
arrest. As indicated, the Commission cannot establish the cause of Ms. Britez’s death; nevertheless, the
information that has been provided does reasonably indicate that Ms. Britez was subjected to a situation of
anxiety and stress.
82. In connection with the above, the Commission notes that the investigation that was undertaken did not
ultimately ascertain the responsibilities of the physicians involved, basically because it did not manage to
clearly and convincingly clarify the causes of Ms. Britez’s death (see above paragraphs 29 and 50). In that
respect, nor did that investigation make it possible to consider or substantiate that the physicians acted
111
WHO, WHO Recommendations for prevention and treatment of preeclampsia and eclampsia, 2014.
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