Orsini, Olga v. Provincia de Buenos Aires et al.

O. 57. XLV.
Download Judgment: Spanish

The plaintiff brought the case to the National First Instance Civil Court [Juzgado Nacional en lo Civil N° 44 de la Capital] against the National Institution for Social Services for Retiree [Instituto Nacional de Servicios Sociales para Jubilados y Pensionados (PAMI)]; Clinics, Sanatorium, Hospitals and Other Establishments Federation of the Province of Buenos Aires [Federación de Clinicas, Sanatorios, Hospitales y Otros Establecimientos de la Provincia de Buenos Aires (FECLIBA)]; Province of Buenos Aires (Hospital Interzonal General de Agudos Dr. Oscar Alende) y and the Cardiovascular Institute SRL [Instituto Cardiovascular Integral SRL] to obtain compensation for damages suffered by her husband. He had a problem in the aortic valve and the plaintiff claims that they all fall to comply with their medical obligations that lead to her husbands death.

The province of Buenos Aires considered that the National First Instance Civil Court was not competent because of articles 5 and 12 of the National Constitution and the local jurisdiction should solve the case. The First Instance Court dismissed the provinces’ claim. The respondent appealed to the Courts of Appeal based on the “Mendoza” case so that provincial jurisdiction applied but the Court of Appeal sent the case to the Supreme Court of Justice because it considered a case of original jurisdiction based on the character of the respondent.

The Supreme Court of Justice found that the original jurisdiction was not applicable because none of the requirements of article 117 of National Constitution took place. The Supreme Court sent the case to the Supreme Court of Buenos Aires to decide which tribunal was competent according to provincial legislation.

View full summary and print   |   Download summary as PDF