The local Lisbon criminal court ordered a 56-year-old taxi driver to pay 700 euros to a doctor at São José hospital for aggravated injury.
For this decision, according to the sentence, in addition to the facts provided as evidence, “the general requirements of prevention are very high, given the frequency with which the practice of this type of offense occurs, in particular against medical classes and educational and always against the forces of authority, to demand that the courts reaffirm the validity of the legal prohibition ”.
Violence against healthcare professionals will become a priority investigative crime
The problem is the fact that the man sent e-mails and Messenger messages from Facebook’s social network, which the court found “objectively offensive to honor and consider”, being likely to “humiliate and upset ”the health professional.
According to the sentence to which the PUBLIC had access, it reads that, “on November 6, 2018, at 12:07 pm, the defendant sent an email to the vascular surgery specialist with the following content:” if I did not have the kid to raise and I had already put a bullet in your horns. Assassin of m …, you will pay for every second of my suffering ”.
Still on his Messenger, the doctor received, for the same occasion, a message sent by the accused: “You will pay for every second of my suffering, daughter of a grandpa … I swear by the soul of my dear mother.”
The man confessed in court that he sent the messages to the doctor. He claims that in June 2018, he suffered an episode of total paralysis below the waist and that during a consultation with the doctor she did not take into account his complaints and did not give him the appropriate treatment.
Over 1300 cases of violence against health professionals. Notifications reach the registration number
He returned to the ER in August and claims to have been treated and received treatment which, again, was not adequate, as some time later he was hospitalized.
He says he has undergone high-risk surgery, where part of his bowel was removed, and is currently using a bag to collect feces and is unable to work.
Bad service has not been proven
It was following the deterioration of her health that she sent the messages to the doctor. But the court ignored the careless behavior of the doctor the man attributed to him and ended up sentencing him for the injuries.
“The defendant alleges that due to the victim’s lack of fulfillment of his functional, professional and ethical duties, without treatment, despised by him, the defendant found himself on the verge of death, after being saved by colleagues of the victim in other health establishments, after much treatment and suffering, which continues, ended up being confined to home, colostomized, weakened, awaiting new treatments and surgeries, prevented from working, leading a normal or quality life ”, we read in the sentence that he did not pronounce this factuality has been proven.
In fact, the judge presented no strong or consistent evidence of the alleged medical malpractice of the victim ”and“ the accused and the victim present conflicting versions of the care and treatment of the accused and no evidence is available. ‘was presented that, allow to conclude by negligent or reprehensible action on the part of the victim ”.
In the judicial decision, the court underlines that “although the accused does not have a criminal record and fits socially and professionally, he revealed in a discussion and a judgment heard a total lack of internalization of the seriousness of the behavior practiced, a circumstance which leads to a recurrence in the practice of facts of the same nature ”. In addition, it can be read that “the accused, although he confessed to the facts, did so arrogantly and haughtily, seeming to be content with himself for having put the facts into practice and not to be held back, even at a trial hearing, to say that the victim tried to kill him ”.
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The court decided to condemn the defendant for having committed an offense of prejudice aggravated by a fine of 140 days, a value of five euros per day being fixed because the defendant is unemployed and has no means of subsistence. Which gives a total of 700 euros.
In the event of failure to comply with the fine, the court handed down a sentence of 93 days in prison.