Analysis of Inadequacies in Hospital Care through Medical Liability Litigation

Raffaele La Russa, Rocco Valerio Viola, Stefano D’Errico, Mariarosaria Aromatario, Aniello Maiese, Paolo Anibaldi, Christian Napoli, Paola Frati and Vittorio Fineschi
Additional contact information
Raffaele La Russa: Department of Clinical and Experimental Medicine, University of Foggia, 71122 Foggia, Italy
Rocco Valerio Viola: Department of Anatomical, Histological, Forensic and Orthopaedic Sciences, Sapienza University of Rome, Viale Regina Elena 336, 00161 Rome, Italy
Stefano D’Errico: Department of Medicine, Surgery and Health, University of Trieste, Strada di Fiume 44, 34149 Trieste, Italy
Mariarosaria Aromatario: Department of Medical and Surgical Sciences and Translational Medicine, Sapienza University of Rome, Via di Grottarossa 1035-1039, 00189 Rome, Italy
Aniello Maiese: Department of Surgical Pathology, Medical, Molecular and Critical Area, University of Pisa, Ospedale Santa Chiara, Via Roma 55, 56126 Pisa, Italy
Paolo Anibaldi: Department of Medical and Surgical Sciences and Translational Medicine, Sapienza University of Rome, Via di Grottarossa 1035-1039, 00189 Rome, Italy
Christian Napoli: Department of Medical and Surgical Sciences and Translational Medicine, Sapienza University of Rome, Via di Grottarossa 1035-1039, 00189 Rome, Italy
Paola Frati: IRCSS Neuromed Mediterranean Neurological Institute, Via Atinense 18, 86077 Pozzilli, Italy
Vittorio Fineschi: IRCSS Neuromed Mediterranean Neurological Institute, Via Atinense 18, 86077 Pozzilli, Italy

IJERPH, 2021, vol. 18, issue 7, 1-10

Abstract: Over the past two decades, health litigation has followed an exponentially incremental trend. As insurance companies tend to limit their interest because of the high risk of loss, health facilities increasingly need to internalize dispute management. This study was conducted through a retrospective analysis of existing files concerning the civil litigation of the Sant’Andrea Hospital in Rome. All claims from 1 June 2010 to 30 June 2019 were included. Paid claims were further classified according to the areas of health care inappropriateness found. Authors indexed 567 different claims along the study period, with an average number of 59 per year (range 38–77). The total litigation involved 47 different units; more than 40% concerned 5 high-incidence wards or services. Concerning the course of disputes, 91 cases were liquidated before a judicial procedure was instituted, while 177 cases landed in a civil court. Globally, 131 different claims hesitated in compensation, for a total of 16 million 625 thousand euros, 41% of which was related to the internal medicine area. Dealing with the inappropriateness analysis, clinical performance alone involved 76 cases, for a total of 10 million 320 thousand euros, while organization defects involved 20 disputes equivalent to 1 million 788 thousand euros. The aim of this study was to enhance the clinical risk management at our facility through a litigation analysis.

Keywords: health care litigation; claims; compensation; clinical inappropriateness; medical liability (search for similar items in EconPapers)
JEL-codes: I I1 I3 Q Q5 (search for similar items in EconPapers)
Date: 2021
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (4)

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