Questão jurídica principal
Whether X. incurred negligent homicide by omission under Art. 117 CP and Art. 11 CP.
Decisão extraída
As a healthcare professional sharing patient supervision, X. had a duty to act and breached her duty of care by not recalling the on-call doctor after noticing deterioration.
Fundamentação extraída
The court held that healthcare staff have a contractual duty of protection. In team care, each worker may rely on colleagues only until warning signs appear. X. personally observed the patient’s worsening condition, including stertorous breathing, and knew a doctor should be informed.