Medical Liability: Review of a Whole Year of Judgments of the Civil Court of Rome

Michele Treglia, Margherita Pallocci, Pierluigi Passalacqua, Jacopo Giammatteo, Lucilla De Luca, Silvestro Mauriello, Alberto Michele Cisterna and Luigi Tonino Marsella
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Michele Treglia: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy
Margherita Pallocci: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy
Pierluigi Passalacqua: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy
Jacopo Giammatteo: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy
Lucilla De Luca: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy
Silvestro Mauriello: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy
Alberto Michele Cisterna: XIII Section, Civil Court of Rome, 00192 Rome, Italy
Luigi Tonino Marsella: Department of Biomedicine and Prevention, University of Rome “Tor Vergata”, 00133 Rome, Italy

IJERPH, 2021, vol. 18, issue 11, 1-12

Abstract: Background: Complaints about medical malpractice have increased over time in Italy, as well as other countries around the world. This scenario, perceived by some as a “malpractice crisis”, is a subject of debate in health law and medical law. The costs arising from medical liability lawsuits weigh not only on individual professionals but also on the budgets of healthcare facilities, many of which in Italy are supported by public funds. A full understanding of the phenomenon of medical malpractice appears necessary in order to manage this spreading issue and possibly to reduce the health liability costs. Methods: The retrospective review concerned all the judgments drawn up by the Judges of the Civil Court of Rome, XIII Chamber (competent and specialized section for professional liability trials) published between January 2018 and February 2019. Results: The analysis of data concerning the involved parties showed that in 84.6% of the judgments taken into account, one or more health facilities were sued, while in 58.2% of cases, one or more health workers were present among the defendants. When healthcare providers are the only ones to be summoned, it is dentists and aesthetic doctors/plastic surgeons who undergo most of the claims. In the overall period analyzed, the amount paid was 23,489,254.08 EUR with an average of 163,119.82 EUR. Conclusion: The evidence provided by the reported data is a useful tool to understand medical malpractice in Italy, especially with regard to the occurrence of the phenomenon at a legal level, an aspect still hardly mentioned by existing literature.

Keywords: medical malpractice; medical liability; health law; civil tort litigation (search for similar items in EconPapers)
JEL-codes: I I1 I3 Q Q5 (search for similar items in EconPapers)
Date: 2021
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