He went to the emergency room of the Ingrassia hospital and, after a day of hospitalization, was then sent home with a trivial diagnosis: the flu. Instead, Emilio Reforgiato, a gym instructor, died five days later, at the age of just 28, of a pulmonary embolism. An alleged medical malpractice case that he had brought in the first instance to the 8-month sentence of three doctors on duty at the Corso Calatafimi facility. Sentence that today has been completely overturned – and despite the fact that the crime of manslaughter was prescribed – by the third section of the Court of Appeal.
The college chaired by Fabio Marino has in fact decided to acquit Rosalba Tantillo (defended by the lawyer Giuseppe Di Peri), Rosanna Giaramidaro (defended by the lawyer Giuseppe Di Cesare) e Florinda Bascone (defended by the lawyers Maria Bassetti and Paolo Grillo), thus radically reviewing the verdict issued by the single judge in February 2018, also revoking the 20 thousand euro provisional payment granted to the victim’s family by way of compensation for damage.
The young man’s death dates back to 13 years ago, that is to November 23, 2009. The trials on his case were very complex and various consultations and expert opinions were carried out, with conflicting results, to try to clarify what was the cause of death. and the possible responsibility of doctors who, according to the Prosecutor’s Office, would not have diagnosed pulmonary embolism, which could have been stopped with a simple injection of heparin.
For the long time that had elapsed, the crime contested against the accused was now prescribed, but Giaramidaro and Bascone had in any case decided to renounce the limitation, which the judges could still have declared. Not recognizing any faults, they acquitted all three on the merits.
Reforgiato had presented himself to the emergency room of the Fattoria with severe pain in his chest and shoulder. He had been hospitalized for only one day and then discharged: according to the doctors, his malaise was caused by a flu syndrome. Five days later, however, the young man died of a pulmonary embolism.
According to the reconstruction of the prosecution, a month before his death, the personal trainer had fractured his foot, a circumstance that he would have reported to the doctors (the defense, however, disputed this point), but which would not have been noted in his medical record. According to the prosecutor, the immobilization of the limb with cast would have caused the embolism that occurred weeks later.
The appellate judges obviously did not consider this reconstruction of the facts valid – the reasons for the sentence will be filed in 90 days – and for this they acquitted the doctors.