Medical Negligence Ruling: Italian Lawyer Awarded €329,209 in Landmark Shoulder Surgery Case
A Macerata lawyer has been awarded €329,209 in damages by the Court of Appeal of Ancona following a shoulder surgery that went wrong in 2019. The ruling highlights the importance of thorough pre-operative assessments and proper prosthetic stabilization in orthopedic procedures.
The Initial Injury and Surgery
In January 2019, the 57-year-old lawyer suffered a severe shoulder fracture after being struck by a vehicle. Eight days later, he underwent surgery to implant an inverted shoulder prosthesis – a common procedure to replace the natural shoulder joint. However, the surgery was complicated by severe respiratory problems, requiring intensive care.
Prosthetic Mobilization and Subsequent Complications
Less than a month after the surgery, a radiographic examination revealed the prosthesis had turn into unstable, with the component attached to the scapula having shifted. This resulted in significant loss of arm function. Experts determined the prosthesis had not been correctly and securely anchored.
Risks of Revision Surgery and Psychological Impact
Doctors proposed a revision surgery, involving the removal and re-implantation of the prosthesis. However, given the patient’s previous respiratory complications during surgery and other health concerns, the risk of potentially fatal complications was deemed too high. The patient understandably declined further surgery.
The physical trauma led to a diagnosed adjustment disorder characterized by anxiety and chronic depression, a condition certified as a genuine pathology.
Court Ruling and Damage Assessment
The Court of Appeal of Ancona found the medical professionals negligent, citing an insufficient pre-operative evaluation and inadequate stabilization of the prosthetic component. The court recognized a causal link between the surgery and the resulting damage, as no unforeseen or unavoidable factors were presented to refute the structure’s responsibility.
The court awarded €329,209 for permanent damage, plus €2,300 for 20 days of temporary disability. However, the court overturned a previous ruling awarding compensation for lost income, finding that this claim had not been properly submitted in the initial legal filing.
The Growing Trend of Medical Negligence Claims in Italy
This case reflects a broader trend of increasing medical negligence claims in Italy. Whereas precise national statistics are challenging to obtain, reports indicate a rising number of lawsuits related to surgical errors, misdiagnosis, and inadequate post-operative care. The Court of Appeal of Ancona’s jurisdiction extends to the entire Marche region, suggesting a regional focus on addressing these concerns.
The Role of Expert Testimony
Expert testimony played a crucial role in this case, with consultants highlighting the improper anchoring of the prosthesis. This underscores the importance of independent medical evaluations in establishing negligence and causation in medical malpractice lawsuits.
Future Implications for Patient Safety
This ruling is likely to prompt increased scrutiny of surgical procedures and pre-operative assessments in Italian hospitals. It reinforces the need for healthcare providers to prioritize patient safety and adhere to established medical protocols.
Pro Tip:
If you believe you have been a victim of medical negligence, it is crucial to consult with a qualified legal professional as soon as possible. Document all medical records, expenses, and the impact of the negligence on your quality of life.
FAQ
- What is medical negligence? Medical negligence occurs when a healthcare provider deviates from the accepted standard of care, resulting in harm to a patient.
- What can I do if I suspect medical negligence? Consult with a lawyer specializing in medical malpractice and gather all relevant medical documentation.
- How long do I have to file a medical negligence claim in Italy? The statute of limitations for medical negligence claims in Italy varies, but it’s generally advisable to seek legal counsel promptly.
- What types of damages can be awarded in a medical negligence case? Damages can include compensation for medical expenses, lost income, pain and suffering, and permanent disability.
Did you know? The Court of Appeal of Ancona was originally established during the Napoleonic period in 1808.
Have you or a loved one experienced complications following a medical procedure? Share your story in the comments below. For more information on patient rights and medical negligence, explore our other articles on healthcare law.
