65. On March 21, 2006, Mr. Vinicio Poblete Tapia’s attorney requested the following formalities: (i) the statement of Mr. Poblete Tapia; (ii) the statement of Cesia Leyla Poblete Tapia; and (iii) confrontation between those two and Dr. María Carolina Chacón Fernández. In addition, he also requested that “the formalities be organized as promptly as possible and on an urgent basis” due to Mr. Poblete Tapia’s deteriorating health.60 66. On April 5, 2006, the attorney of the accused Dr. María Carolina Chacón, filed a motion for the dismissal of the suit,61 which was denied.62 67. On April 18, 2006, Vinicio Poblete Tapia’s attorneys requested that statements be taken from Jorge and Alejandra Fuentes Poblete, Rosa Gazmuri M., Cecilia Caniqueo Ralil, two nurses from the Sótero del Río Hospital, and Elizabeth Aviles, the surgeon who operated on Mr. Poblete Vilches.63 68. On June 7, 2006, the Legal Medical Service presented Legal Medical Report No. 1402005,64 which concluded that: (1) The patient, Mr. Vinicio Poblete Vilches, suffering type 2 diabetes mellitus, ischemic and atherosclerotic heart disease, was hospitalized on two occasions in the space of three weeks for acute pulmonary edema and high-frequency atrial fibrillation caused by ischemic heart disease and, in addition, an extensive cutaneous infection, compatible with ecthyma and cellulitis of the thigh and right buttock consistent with diabetes mellitus. All these pathologies were duly diagnosed and, on account of their seriousness, they were duly treated, first in the ICU and then in the medical service. (2) On his second hospitalization, following his release, he was readmitted three days later in septic shock and with multiorgan failure due to a hospital-acquired pneumonia — a common situation following a previous hospital stay — which, given his advanced age, preexisting pathologies, and multiple risk factors, led to his death in spite of the numerous and appropriate forms of treatment he was given as soon as he was admitted. (3) Accordingly, the undersigned experts find that there was no professional failing.65 69. On June 27, 2006, the attorney of the accused Dr. María Carolina Chacón again filed a motion for dismissal,66 which was also denied.67 On September 5, 2006, they presented a new motion,68 which was also denied.69 59 Annex 4. Statement given to the First Criminal Court by Vinicio Marco Antonio Poblete Tapia on April 6, 2006 (annex to the State’s submission of September 23, 2008). 60 Annex 43. Submission made by Vinicio Poblete Tapia’s attorneys, March 21, 2006 (annexed to the State’s submission of September 23, 2008). 61 Annex 44. Submission made by María Carolina Chacón Fernández’s attorneys, received by the First Civil Court on April 5, 2006 (annex to the State’s submission of September 23, 2008). 62 Annex 45. First Civil Court, resolution of April 6, 2006 (annex to the State’s submission of September 23, 2008). Annex 46. Submission made by Vinicio Poblete Tapia’s attorneys on April 18, 2006 (annexed to the State’s submission of September 23, 2008). 63 64 Annex 47. Legal Medical Service, Order No. 11087 of June 7, 2006, addressed to the First Civil Court (annex to the State’s submission of September 23, 2008). 65 Annex 48. Legal Medical Service, Legal Medical Report No. 140-2005 of June 8, 2006 (annex to the State’s submission of September 23, 2008). 66 Annex 49. Submission by María Carolina Chacón Fernández’s attorneys, received on June 27, 2006, by the First Civil Court (annex to the State’s submission of September 23, 2008). 67 Annex 50. First Civil Court, resolution of July 26, 2006 (annex to the State’s submission of September 23, 2008). 13