STELLA MARIS I

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Captain and nurse prosecuted for neglgent homicide

The Federal Court of Comodoro Rivadavia ratified the prosecution for negligent homicide of the captain and the nurse of the 'Stella Maris I' after the death of a sailor on board the vessel in 2016. The decision is in line with the request of the Public Prosecutor's Office and is based on the inappropriate medical treatment provided by the nurse and the failure to fulfill duties by the captain, who, in their capacity as responsible persons on board, did not take the necessary measures to prevent the death of Jesús Ceferino Castillo. He died after suffering complications derived from a poorly treated infection while the Moscuzza company ship was heading from Mar del Plata to Puerto Deseado. The ship's nurse provided a treatment that was contraindicated for the patient, who suffered from pre-existing diabetes. Although the symptoms persisted and the condition worsened, the nurse did not request the required medical consultation, which aggravated the situation. As for the captain, he was charged with not having ordered the crew member to disembark or having informed the Naval Prefecture doctor of the situation in a timely manner. The Federal Court of Comodoro Rivadavia rejected the defense's claim that the statute of limitations on criminal action had expired, arguing that the action had expired since March 14, 2024. The Court considered that both defendants performed functions related to the exercise of public office and, therefore, the suspension of the statute of limitations was applied as stipulated in article 67 of the Penal Code. The regulations suspend the statute of limitations on crimes committed in the exercise of public office while the defendants are serving in positions related to public functions. The court stressed that the cause of Castillo's death was not in dispute, given that the forensic medical reports accurately detailed the events that led to Castillo's death. In particular, it was stressed that the nurse, knowing of the sailor's diabetic condition, should have taken more cautious measures and requested an external medical consultation. For his part, the captain, although he relied on the nurse's criteria, had the responsibility to intervene and make decisions in accordance with his professional maritime training. On March 18, 2016, the sailor complained of pain, and was treated by the nurse, who gave him dexamethasone, a glucocorticoid contraindicated in diabetic patients due to the risk of decompensation. Despite the severity of the symptoms, the nurse did not take the necessary measures and continued to administer the medication without controlling glucose levels or prescribing antibiotics. On April 18, when the situation was already critical, the captain finally contacted the doctor at the Naval Prefecture, but by then, the sailor was no longer responding to stimuli and had high blood sugar levels. The sailor was disembarked in Deseado and taken to the hospital, but his health condition was irreversible. He was later transferred to the hospital in Caleta Olivia, where he died due to septic shock.