Bergamin Eva, Fiorillo Annamaria, Grassi Vincenzo M, Lodise Maria, Vetrugno Giuseppe, De-Giorgio Fabio
Department of Healthcare Surveillance and Bioethics, Section of Legal Medicine, Università Cattolica del Sacro Cuore, Largo Francesco Vito 1, 00168 Rome, Italy.
Fondazione Policlinico Universitario Agostino Gemelli IRCCS, Largo Agostino Gemelli 8, 00168 Roma, Italy.
Healthcare (Basel). 2023 May 5;11(9):1331. doi: 10.3390/healthcare11091331.
Criminal trials and claims against physicians for malpractice-related damages have increased dramatically in recent years, and, with Obstetrics and Gynecology being one of the medical specialties that is at the highest risk, we carried out a retrospective analysis aimed at examining all Obstetrics- and Gynecology-related medical professional liability prosecutions within the General Register of Criminal Records of the Rome Public Prosecutor's Office between the years 2000 and 2014. The number of prosecutions increased steadily in the years 2000-2005, with varying trends in the following years. A total of 727 healthcare professionals were involved in criminal charges, and most prosecuted crimes were related to Articles 590 and 589 of the Italian Penal Code, followed by violations of Article 17 of Law 194/78. In most cases, filing was requested and granted without opposition. In 95 cases, an expert witness was appointed by the Court, and in 68 cases, the technical consultants of the State Prosecutor found culpable conduct. Public hospitals, private nursing homes and outpatient clinics, or private practices were mostly involved; in 45% of the cases, the physicians were hospital employees. In this setting, Italy is prepared to introduce new measures and regulations to address the issues posed by defensive medicine and charges of professional liability for healthcare providers.
近年来,针对医生的医疗事故相关损害赔偿的刑事审判和索赔大幅增加,而妇产科是风险最高的医学专科之一,我们进行了一项回顾性分析,旨在审查2000年至2014年期间罗马检察官办公室刑事记录总登记册内所有与妇产科相关的医疗职业责任诉讼。2000年至2005年期间,诉讼数量稳步增加,随后几年趋势各异。共有727名医疗保健专业人员面临刑事指控,大多数被起诉的罪行与意大利刑法第590条和第589条有关,其次是违反第194/78号法律第17条。在大多数情况下,申请立案并获得批准,无人反对。在95起案件中,法院指定了专家证人,在68起案件中,国家检察官的技术顾问认定存在应受谴责的行为。公立医院、私立疗养院和门诊诊所或私人执业机构大多涉案;在45%的案件中,医生是医院雇员。在这种情况下,意大利准备出台新的措施和法规,以解决防御性医疗和医疗服务提供者职业责任指控所带来的问题。