A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy
(1) Introduction: Medical malpractice claims against both health institutions and physicians are a crucial topic in Italy, as well as in other countries, particularly regarding civil proceedings. Our study reports an analysis of all of the malpractice judgments concerning plastic surgery decided in...
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doaj-544ca89011b0471981a8ad5d8eab0bb62021-06-30T23:12:30ZengMDPI AGMedicina1010-660X1648-91442021-06-015757157110.3390/medicina57060571A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, ItalyAlessandro Feola0Chiara Minotti1Daniela Marchetti2Marco Caricato3Gabriella Teresa Capolupo4Luigi Tonino Marsella5Giuseppe La Monaca6Department of Experimental Medicine, University of Campania “Luigi Vanvitelli”, Via Luciano Armanni 5, 80138 Napoli, ItalyBioethics and Humanities Research Unit, Campus Bio-Medico University of Rome, Via Alvaro del Portillo 21, 00128 Roma, ItalySafety and Bioethics Department, Section of Legal Medicine, Catholic University of the Sacred Heart, Fondazione Policlinico “A. Gemelli” IRCCS, Largo Francesco Vito 1, 00168 Roma, ItalyColorectal Surgery Unit, Campus Bio-Medico University of Rome, Via Alvaro del Portillo 21, 00128 Roma, ItalyColorectal Surgery Unit, Campus Bio-Medico University of Rome, Via Alvaro del Portillo 21, 00128 Roma, ItalyDepartment of Biomedicine and Prevention, “Tor Vergata” University of Rome, Via Montpellier 1, 00155 Roma, ItalyBioethics and Humanities Research Unit, Campus Bio-Medico University of Rome, Via Alvaro del Portillo 21, 00128 Roma, Italy(1) Introduction: Medical malpractice claims against both health institutions and physicians are a crucial topic in Italy, as well as in other countries, particularly regarding civil proceedings. Our study reports an analysis of all of the malpractice judgments concerning plastic surgery decided in the Civil Court of Rome between 2012 and 2016. (2) Methods: the database of the Observatory Project on Medical Responsibility (ORMe) was analyzed, which collects all of the judgments of the Civil Court of Rome, that is, the first instance district court. Therefore, neither the jurisprudence of the second level court nor that of the Supreme Court was taken into account. (3) Results: 144 judgments concerning plastic surgery were delivered in the five-year period of 2012–2016 (corresponding to 10.6% of total professional liability verdicts of the Civil Court of Rome in the same period). In 101/144 cases (70.14%), the claim was accepted. A total of €4,727,579.00 was paid in compensation for plastic surgery malpractice claims, with a range from a minimum amount of €1555.96 to a maximum amount of €1,425,155.00 and an average compensation of €46,807.71 per claim that was significantly lower compared to other surgical disciplines. (4) Conclusions: Our data confirm that the analyzed branch has a high litigation rate, with a prevalence of convictions for cosmetic procedures over reconstructive ones, both for malpractice and for violation of the informed consent. Plastic surgery is also confirmed among those branches in which the professionals are more frequently sued compared to health institutions.https://www.mdpi.com/1648-9144/57/6/571medical liabilityplastic surgerymedical jurisprudence |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Alessandro Feola Chiara Minotti Daniela Marchetti Marco Caricato Gabriella Teresa Capolupo Luigi Tonino Marsella Giuseppe La Monaca |
spellingShingle |
Alessandro Feola Chiara Minotti Daniela Marchetti Marco Caricato Gabriella Teresa Capolupo Luigi Tonino Marsella Giuseppe La Monaca A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy Medicina medical liability plastic surgery medical jurisprudence |
author_facet |
Alessandro Feola Chiara Minotti Daniela Marchetti Marco Caricato Gabriella Teresa Capolupo Luigi Tonino Marsella Giuseppe La Monaca |
author_sort |
Alessandro Feola |
title |
A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy |
title_short |
A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy |
title_full |
A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy |
title_fullStr |
A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy |
title_full_unstemmed |
A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy |
title_sort |
five-year survey for plastic surgery malpractice claims in rome, italy |
publisher |
MDPI AG |
series |
Medicina |
issn |
1010-660X 1648-9144 |
publishDate |
2021-06-01 |
description |
(1) Introduction: Medical malpractice claims against both health institutions and physicians are a crucial topic in Italy, as well as in other countries, particularly regarding civil proceedings. Our study reports an analysis of all of the malpractice judgments concerning plastic surgery decided in the Civil Court of Rome between 2012 and 2016. (2) Methods: the database of the Observatory Project on Medical Responsibility (ORMe) was analyzed, which collects all of the judgments of the Civil Court of Rome, that is, the first instance district court. Therefore, neither the jurisprudence of the second level court nor that of the Supreme Court was taken into account. (3) Results: 144 judgments concerning plastic surgery were delivered in the five-year period of 2012–2016 (corresponding to 10.6% of total professional liability verdicts of the Civil Court of Rome in the same period). In 101/144 cases (70.14%), the claim was accepted. A total of €4,727,579.00 was paid in compensation for plastic surgery malpractice claims, with a range from a minimum amount of €1555.96 to a maximum amount of €1,425,155.00 and an average compensation of €46,807.71 per claim that was significantly lower compared to other surgical disciplines. (4) Conclusions: Our data confirm that the analyzed branch has a high litigation rate, with a prevalence of convictions for cosmetic procedures over reconstructive ones, both for malpractice and for violation of the informed consent. Plastic surgery is also confirmed among those branches in which the professionals are more frequently sued compared to health institutions. |
topic |
medical liability plastic surgery medical jurisprudence |
url |
https://www.mdpi.com/1648-9144/57/6/571 |
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