A doctor has been charged with manslaughter in the death of Bernardo de Lima Mendes, a 3-year-old child who died after being stung by a scorpion in March. The case occurred in Conchal, in the interior of São Paulo, and the conclusion of the investigation was released on August 10, 2026. Police chief Luís Henrique Lima Pereira pointed out negligence in the care, which would have led to the worsening of the boy’s health condition.
The police investigation indicated that the professional did not follow the recommended medical protocols for the situation, resulting in a delay in referral to a specialized health unit. The decision to indict doctor Augusto Fortunato de Godoi reinforces the importance of strict adherence to procedures in pediatric emergencies.
Doctor is subject of request to be removed from urgent care and emergencies
In addition to the indictment, delegate Luís Henrique Lima Pereira asked the court for a precautionary measure. The objective is to prohibit doctor Augusto Fortunato de Godoi from working in urgent and emergency services, such as hospitals and Emergency Care Units (UPAs), until there is a new court decision on the case.
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The request will still be submitted for analysis by the Public Ministry and, subsequently, by the Courts. This preventive action seeks to prevent similar situations from occurring, protecting the population while the legal process is conducted.
Failures in care protocols for children
The investigation conducted by the Civil Police compiled guidelines from Epidemiological Surveillance and the Toxicological Information and Assistance Center (CIATox). These bodies establish appropriate procedures for dealing with accidents involving venomous animals, especially in cases involving children.
According to the protocols, children under 10 years old who are stung by a scorpion must be immediately transferred to a reference hospital that has antiscorpion serum. In Conchal, the closest unit would be Santa Casa de Araras, which has the necessary structure.
Absence of the “zero vacancy” procedure in service
In Bernardo’s case, the investigation revealed that the “zero vacancy” procedure was not triggered, an essential protocol in serious emergencies. This system allows the patient to be immediately referred to a place in a reference hospital, regardless of whether beds are available at the time.
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The delegate explained that the medical team should have directly contacted the Mobile Emergency Care Service (Samu) and the destination hospital. However, the doctor only contacted the Health Services Offers Regulation Center (Cross), creating bureaucracy that delayed the child’s crucial transfer. The delay, according to the police, was decisive for the boy’s health condition to become irreversible.
Doctor’s defense speaks out about the indictment
Lawyer Diego Emanuel da Costa, responsible for the defense of doctor Augusto Fortunato de Godoi, stated that the indictment for manslaughter represents the position of the police authority. He highlighted that, at this stage, it is not possible to discuss the delegate’s decision, as the process will still be examined by the Public Ministry and, subsequently, by the Courts.
The defense reported that the client remains calm and completely certain of his innocence. The central issue will be the evaluation of medical actions and compliance with protocols by judicial bodies.
IML opinion corroborates medical error in treatment
An opinion prepared by medical examiners from the Legal Medical Institute (IML) reinforced the Civil Police’s conclusions. The document pointed out medical error in the conduct, specifically in non-observance of the protocol recommended for children who are victims of scorpion stings.
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The IML confirmed that the appropriate protocol for Bernardo’s age group was not followed, which contributed to the tragic outcome. This technical opinion strengthens the basis for the accusation of negligence in care.
Remembering the sequence of events involving the scorpion sting
The incident that led to Bernardo’s death happened on the night of March 31. The boy was stung by a scorpion while playing at home. His father, Paulo Mendes, found the animal, killed it and took it, along with his son, to the Madre Vannini Hospital and Maternity in Conchal.
- Initial service:During screening, the scorpion was collected to be shown to the medical team. Bernardo remained in the waiting room, crying and complaining of intense pain.
- Delay in treatment:Despite a request from a nun for the child to be attended to, there was a delay in applying a pain serum. According to the father, the doctor informed that the antiscorpion serum would only be administered if necessary and that the boy would be under observation for six hours.
- Worsening and transfer:Bernardo showed significant clinical worsening, vomiting around ten times in 20 minutes and drooling a lot. More than four hours after the bite, he received anti-scorpion serum and was transferred by Samu to Santa Casa de Araras.
- Fatal outcome:Despite care in an Intensive Care Unit (ICU) in Araras, the child did not survive and died on the morning of April 1st. The cause of death was cardiogenic shock and the toxic effect of the scorpion venom.