PORTOGRUARO – He had to carry out a routine intervention at theanca but he underwent a real ordeal: the doctors “missed” the operation, he was forced to undergo another very invasive corrective, the re-implanted prosthesis was defective and he had to operate twice more, all ” studded ”with long hospitalizations and months of rehabilitation, which did not however prevent him from remedying a heavy permanent disability. But now the unfortunate, who was followed throughout his long battle by Studio3A, after more than 13 years has at least obtained the satisfaction of seeing his reasons recognized by the Court, which condemned the Ulss 4 of Eastern Veneto, held solely responsible for the damage suffered by the patient, to compensate him with a sum of 70 thousand euros which, however, counting also the interest and legal and litigation costs, in the end will be around one hundred thousand euros. Protagonist of the bitter case of ill health is a 68-year-old (at the time of the facts he was 55 years old) from San Donà di Piave who, suffering from “left coxarthrosis”, on 2 July 2009 was subjected to the Orthopedics and Traumatology department of the Portogruaro hospital for an arthroplasty of theleft hip. However, from the immediate post-operative period, the patient complains of persistent pain in the inguinal region and above the femur which is accentuated with the load, and which remains unchanged despite the rehabilitation therapy carried out.
The man then turns to another specialist and, after the instrumental checks, is operated on again, on February 9, 2011, at the hospital’s Orthopedics and Traumatology Unit. Saint Anthony of Padua, for a revision surgery of the arthroplasty during which the total pretermotility of the prosthetic stem implanted with the first operation is detected, which is then replaced. New rehabilitation cycle, also with hospitalization in the Physical Medicine and Rehabilitation Department of the Villa Salus hospital, but in October 2013 the patient feels a sudden and acute pain in the left thigh that he can no longer move: he goes to the emergency room of the San Donà di Piave hospital and radiographs show the breakage of the new prosthetic stem, which later proved to be defective.
The 68-year-old now turns again to the orthopedists of Sant’Antonio di Padova, on 28 October 2013 he undergoes a further revision operation with the implantation of a third prosthetic stem, but due to the difficulties encountered by the surgeons in the extraction of the previous one, now osseointegrated, they must make a “window” in the bone and close it with special metal rings, which will be removed with a fourth operation on 14 July 2014; in the middle, still a lot of rehabilitation of the multi-operated hip, which however allowed him to recover only in part: today the patient complains of constant pain in the left hip that is accentuated when walking and has to stand for prolonged periods, complains of deficit of flexion, abduction, intra and extra rotation, a length of more than 2 cm of the left lower limb which leads to a limp walking. In short, an infinite odyssey.
The patient, to be at least compensated for the serious prejudices suffered, through the Veneto area manager and head of the San Donà office, Riccardo Vizzi, therefore entrusted himself to Studio3A-Valore SpA, a company specialized at national level in compensation for damages and protection of the rights of citizens who, after having submitted all the clinical documentation to their experts and having ascertained various profiles of medical malpractice, then asked for damages to the Health Trusts of the hospitals involved, who nevertheless never recognized any responsibility and reproached the blame between them. All that remained was to take legal action and in 2016 a subpoena was proposed before the Court of Venice against theUlss 4 Eastern Venetoto which the hospital of Portogruaro belongs, and of theUlss 6 Euganea, under which the Sant’Antonio hospital falls, which in turn called into question Lima Corporate, the manufacturer of the defective prosthetic stem. And finally, after more than 6 years, the judge Dr. Silvia Barison, on 13 September 2022 published the sentence on the basis of the medical legal technical advice entrusted to the surgeons Dr. Davide Roncalli and dr. Paolo Segnana, judging the Paduan health workers exempt from liability, but also considering that the damage caused to the patient (although from this point of view the second, necessary and necessarily more invasive prosthetic revision surgery had more negatively affected), “it all goes back to the first erroneous intervention carried out in Portogruaro “and then affirmed” the exclusive responsibility of Ulss 4 “: the technical consultants of the office expressed various complaints on the work of the doctors of the Portogruaro hospital, in particular” the plant of a straight femoral stem that is undersized and slightly sunken with respect to the femoral canal, followed by lack of osseointegration and concomitant worsening painful symptoms “.
Ulss 4 was therefore sentenced to refund the patient the sum of 69,224 euros calculated on the basis of the recognition of a‘permanent disability 15 percent, several months of temporary disability, even total, moral damage and medical expenses incurred. But also considering the legal interests from the last “indicted” intervention (from 2014) to the balance, the monetary revaluation, all legal, litigation and technical consultancy costs, the Healthcare Company will have to pay an amount of almost one hundred thousand euros.