Italian Court Orders Compensation in Medical Malpractice Case
In a landmark decision, an Italian court has ruled that Villa Maria Eleonora, a health facility in Sicily, must pay nearly 1.5 million euros in compensation to the wife and three sons of a man who died as a result of a surgical gauze being left inside his body during a chest surgery in 2003.
The victim, known by his initials MS, underwent the surgery at Villa Maria Eleonora 20 years ago. Over time, he began experiencing a series of health problems, but none of the hospitals he sought treatment from were able to identify the cause. Tragically, at the age of 75, he passed away in 2016.
The court heard that the gauze, which was forgotten during the surgery, led to a cystic formation in the area of the lungs that caused “compressive effects on the heart and large vessels with cardiovascular decompensation in a patient already suffering from pre-existing pathologies”. This ultimately led to the man’s death. The court ruled that all of the patient’s health problems and his death were a direct consequence of the surgical negligence.
Notably, it was also revealed during the trial that the health facility was not covered by insurance at the time of the surgery, and as a result, Villa Maria Eleonora will be required to pay the compensation in full.
The judge’s decision was based on a technical consultant’s assessment, which clearly indicated that the surgical gauze was the cause of the man’s deterioration and subsequent death. While the defense argued that other hospitals also shared responsibility and that the gauze had been counted before and after the surgery in 2003, these arguments were not found convincing by the court.
The court also found that delays in diagnosis were justifiable, given that it was unlikely for the foreign body to be visible by routine examinations, and that the treatment possibilities were limited due to the size of the cystic formation.
Ultimately, the ruling has set a precedent and brought justice to the family of the victim, who fought for recognition of the medical negligence that led to their loved one’s untimely death.