Canary Islands High Court Finds Health Service Negligent in Patient’s Septic Shock Death

The High Court of Justice of the Canary Islands (TSJC) has issued a landmark ruling regarding healthcare liability, overturning a previous decision that had cleared the Canary Health Service (SCS) of responsibility in a patient’s death from septic shock. The court concluded that the care provided between November 27 and December 3, 2020, was negligent. It found that a failure to diagnose the patient’s condition deprived them of a survival chance estimated by experts at over 75%.

The case centered on a clear gap between the patient’s documented symptoms and the medical response. Despite records showing warning signs—including severe weakness, intense lower back pain, and abnormal blood pressure and heart rate—eight different doctors evaluated the patient without ordering basic blood tests or cultures to check for infection. The court noted that even when a home visit resulted in a referral for emergency blood tests, that order was never followed.

The TSJC criticized the initial ruling by the court in Santa Cruz de Tenerife, stating it made a factual error by ignoring the patient’s documented clinical abnormalities. The High Court also rejected the health service’s attempt to use retrospective diagnostic tools to justify the lack of testing. It argued that because the patient was taking anti-inflammatories and corticosteroids, which can mask symptoms like fever and rapid heart rate, the medical team should have been more, not less, rigorous in their diagnostic process.

Applying the "loss of opportunity" doctrine, the court ordered the SCS to pay the patient’s family 85,620.30 euros, plus interest dating back to December 2021. The ruling also requires the health service to cover legal costs. Beyond the financial penalty, the decision serves as a reminder of the importance of thorough record-keeping in primary care and warns that clinical protocols should not be used to excuse negligent care. While the ruling is significant, the health administration still has the option to appeal the decision to the Supreme Court.