When five years have passed
since the death of the journalist Débora Pérez Volpin (51)
during a malpractice in a colonoscopy, the Justice has already ruled
a date for the second trial in the case,
aimed against the director of the La Trinidad Sanatorium for allegedly concealment of the actions of the medical team.
It will be in August of this year,
over five days that will take place on Tuesdays 1, 8, 15, 22 and 29 at the Oral and Correctional Court No. 26 of the City of Buenos Aires.
Roberto Martingano, medical director of the institution at the time of the tragedy, and the instrumentalist Eliana Frías, are accused of covering up the medical team that performed the operation.
On Tuesday, February 6, 2018, Pérez Volpin arrived at the Trinidad Clinic in Palermo to undergo
an endoscopy, an almost routine control.
He died inside the operating room
Martingano is accused of concealment
for delivering a cardiology report without the middle pages, which would prove that the patient was not connected to cardiology control.
"In addition, he presented an endoscope kit with the serial number filed off and that supposedly did not record the procedure," Debora Lichtmann, a lawyer for the Pérez Volpin family, told Clarín.
"This makes it impossible to know where the equipment came from, if it complied with the relevant controls, we don't even know if it is the one that was actually used during the procedure. On the other hand, it is strange that there has not been a recording when one usually leaves this type of studies with the DVD in hand," he said.
He could receive a sentence of up to three years.
Frías, for her part, was the only witness to what happened who was not directly involved, but she did not contribute to clarifying what happened.
“When they summoned her two weeks after the episode,
she said that she did not remember anything
, and she repeated the same thing during the oral trial for manslaughter.
For this reason, we request that it be investigated whether she gave false testimony, ”says the lawyer, about the crime that has a penalty of up to four years in prison.
Débora Pérez Volpin decided to jump into politics for the Evolution space.
Photo: Luciano Thieberger.
Vadim Mischanchuk, a lawyer for the Trinidad Sanatorium, argued that it is false that the medical director has provided a report with shortages.
"When it is observed that there are blank sheets, it is because
the devices print one-hour reports
and if the study lasted 15 minutes, they will output a blank sheet at the beginning and at the end," he said.
The elevation to oral trial occurred after the Supreme Court of Justice rejected at the end of last year a request from the defendants to make a probation.
Anger over the situation of the endoscopist
The trial against the director of the sanatorium is the second legal case surrounding the death of Pérez Volpin, who had left journalism in 2017 to jump into politics at the hands of Martín Lousteau.
The Oral Criminal and Correctional Court number 8 of the Federal Capital (Judge Javier Anzoátegui) during the arguments in the trial of those accused of the death of Débora Pérez Volpin.
Photo Martin Bonetto.
In 2019, the oral trial for culpable homicide was held against Diego Bialolenkier, the endoscopist in charge of the procedure, and Nélida Puente, the anesthetist who intervened that day.
The Oral Criminal and Correctional Court No. 8 of the Federal Capital
found Bialolenkier guilty and sentenced him to three years in suspended prison
and disqualification from practicing medicine for seven years and six months.
Puente was acquitted.
Both the complaint and Bialolenkier appealed the sentence.
"We request seven years of effective prison for the endoscopist," asked Lichtmann.
But the
anger is due to the delay in justice to respond to the requests.
It is that almost four years later, Cassation still has not done anything to define the situation of the defendants.
"It may take a year but not three to four, as is happening. We presented several documents, the last one last December, and they told us that they were going to solve it and that they had more urgent cases," the lawyer complained.
look also
5 years after the death of Débora Pérez Volpin: the strong claim of the Cassation complaint
Pérez Volpin case: reverse of the Court for the director of the Sanatorium of Trinidad