Failed contraceptive implant will cost Hospital de Poniente €16,000 in compensation

HOSPITAL DE PONIENTE in El Ejido must pay €18,000 compensation to a woman who became pregnant despite a contraceptive implant.

Andalucia’s Upper Court of Justice (TSJA) concluded that woman, who was 18 at the time, conceived because the implant was never placed in her arm.  The tribunal pointed out that implanting the contraceptive is “a simple procedure carried out under local anaesthetic.”

A lower court initially set an €8,000 compensation payment, maintaining that the young woman “should have suspected” that the implant had not been correctly put in place.

She lodged an appeal and the TSJA, awarding her €18,000, pointed out that she could not be expected to possess medical knowledge.