Florence, January 19, 2011 - Two doctors sentenced to one year and eight months in prison , third acquitted and claims that come to touch the one million euro each for the parents of a child of eleven of Molin Plan, in the town of Pontefract Florence, died April 30, 2008 to septicemia as a result of appendicitis is not diagnosed promptly and degenerated into peritonitis.
E 'ruling made yesterday by the single judge Gaetano Magnelli sub-office of the court of Florence Pontassieve , who was called upon to judge the responsibility of the three doctors involved in this sad case. Per il pubblico ministero Luciana Singlitico erano tutti colpevoli di omicidio colposo: la dottoressa che sostituiva la pediatra della bimba, la 35enne Laure Monthe assistita dall’avvocato Andrea Ceccobelli, e le due guardie mediche Enrico Baldini, 35 anni, e Vat Marashi, 50enne (difesi dagli avvocati Neri Pinucci e Giovanni Merli), tutti contattati tra il 20 e il 21 marzo 2008 dalla madre della bambina perché la figlia aveva febbre, dolori all’addome e allo stomaco e difficoltà a camminare.
Secondo l’accusa, nessuno dei tre medici avrebbe individuato che si trattava di un’appendicite (uno di essi avrebbe suggerito un banale clistere per farle passare il mal di pancia) fino when, on the eve of Easter, the conditions of the little girl rushed: it was brought to the desperate conditions now Meyer Children's Hospital where he was emergency surgery and then died. The parents filed a complaint and the investigation by the prosecution to Florence allowed the emergence of a paradoxical situation: the little girl was diagnosed (and two of the defendants only by phone) a common flu. Not even the second doctor, while visiting the child personally, would have understood the gravity of the situation.
None of the three doctors contacted by the parents came to the hypothesis that acute appendicitis would then be transformed into the fatal peritonitis. The court Magnelli But he ruled out the responsibilities of the first phone call to the duty doctor, Henry Baldwin, was sentenced to eight months while the second doctor saw that Vat Marashi directly on the small, one year, finally, the doctor Month, the replacement for the pediatrician of the child. For both convicted, the court ordered that probation is subject to the provisional payment dell'elevatissima immediately enforceable in favor of civil plaintiffs consist of: € 950mila head to his parents, brother and 600 thousand to 250 thousand head in three grandparents, Borsellino and assisted by lawyer Philip Domenico Viggiano.
a painful, a sentence that provides the highest compensation, a whole category in fibrillation. After the sentences for manslaughter imposed on the two doctors who followed the case of the girl later died at Molin del Piano Meyer for peritonitis, there is an element that shakes pediatricians and family doctors in Tuscany and beyond. It is the appearance
statutory.
statutory.
The judge in fact obliged to pay an advance on damages of almost three million euro, provided that the civil liability in addition to the two doctors convicted extends to third. This is the family pediatrician, who felt ill when the girl was abroad on holiday . At that time it had to be replaced by a colleague, who spoke three times to telephone assuming the parents of little influence. That professional is on trial in Florence ended with a doctor of emergency medical service. No one realized that the symptoms were those of appendicitis and was the mother, since her daughter was still sick, decide to take it to Meyer. The child arrived at the pediatric hospital in serious condition for a sepsis, an infection that was ravaging the body. He died a few days.
A process is finished replacing the pediatrician and two doctors on call, one of which was recognized not responsible. last Tuesday there have been two convictions: one year for the doctor, 8 months for the other professional. The high court decided a provisional for relatives (€ 950mila to each parent, brother 600 thousand to 200 thousand and the child to the grandparents) and determined that the liability also relates to the pediatrician a pensioner who was not at work .
This extension of liability is unpublished and activates the alarm, first of all pediatricians. Valdo Flori, head of FIMP, union of the class, speaks of "an absurd ruling. It penalizes a physician for an error committed by another. I do not want to go into the criminal responsibility of this story but ask that you return the money to those who had to be replaced. Everyone responds in their business. "
One of the themes is that of insurance. Hardly the doctor can convince his owner to shell out money for what has been done by my colleague. "We'll see, we wait to read the reasons for the sentence - the civil lawyer says the pediatrician Pier Francesco Lotito.
We want to understand why the court considers that in such a case there is a liability. At that point we will put the question to insurance. Meanwhile, we will certainly appeal the decision. " Lotito's lawyer was initially formed at the civil trial brought by the family of the girl who died, gathered together in criminal law. It was precisely the counsel for the civil parties to propose the involvement of the pediatrician in charge holder, and assumptions made by the judge.
We want to understand why the court considers that in such a case there is a liability. At that point we will put the question to insurance. Meanwhile, we will certainly appeal the decision. " Lotito's lawyer was initially formed at the civil trial brought by the family of the girl who died, gathered together in criminal law. It was precisely the counsel for the civil parties to propose the involvement of the pediatrician in charge holder, and assumptions made by the judge.
The advance of the damage is very high: € 950mila 950mila for the father and the mother, the brother of the girl for 600 thousand and 200 thousand for each of the grandparents. The family lawyer Philip
Viggiano, welcomed the ruling. "I have discussed this matter with my colleague, a civil Marco Orlandi. In essence, the issue is whether or not it applies in this case, Article of the Civil Code so who employs another to perform an obligation also responds to the work of the latter. The relationship between doctor and compared to that witnessed the Professions, the exchange is the work of his replacement. I want to emphasize the fact that finally was placed a provisional worthy of the name. "
Viggiano, welcomed the ruling. "I have discussed this matter with my colleague, a civil Marco Orlandi. In essence, the issue is whether or not it applies in this case, Article of the Civil Code so who employs another to perform an obligation also responds to the work of the latter. The relationship between doctor and compared to that witnessed the Professions, the exchange is the work of his replacement. I want to emphasize the fact that finally was placed a provisional worthy of the name. "
Nessuno dei medici vuole entrare nell'ambito della responsabilità penale della morte della bambina. Sono tutti però molto colpiti dalla condanna.
«Ovviamente devo vedere le carte, non posso dare un giudizio. Siamo molto incuriositi dal coinvolgimento del medico convenzionato, appare poco logico e del tutto inedito». A parlare è il presidente dell´ordine dei medici Antonio Panti, che a suo tempo aprì una istruttoria sulla vicenda. «La responsabilità nella scelta del professionista da cui farsi sostituire ha senso solo quando c'è una gerarchia di medici, ad esempio in un reparto. Nel caso dei convenzionati (dottori di famiglia e pediatri, ndr) il sostituto è alla pari, un laureato in medicina». Flori always points out that the National Convention that binds to pediatricians Asl 'it says that deputy assumes full responsibility, even a civilian. " The story also shakes family doctors. Vittorio Boscherini, regional secretary of the union FIMMG comments: 'It's crazy. If you are a substitute for a professional, he is responsible as you. Moreover, if the doctor is not able to find anyone, maybe because it is sick or has a sudden engagement, the ASL is required to obtain it for himself.
«Ovviamente devo vedere le carte, non posso dare un giudizio. Siamo molto incuriositi dal coinvolgimento del medico convenzionato, appare poco logico e del tutto inedito». A parlare è il presidente dell´ordine dei medici Antonio Panti, che a suo tempo aprì una istruttoria sulla vicenda. «La responsabilità nella scelta del professionista da cui farsi sostituire ha senso solo quando c'è una gerarchia di medici, ad esempio in un reparto. Nel caso dei convenzionati (dottori di famiglia e pediatri, ndr) il sostituto è alla pari, un laureato in medicina». Flori always points out that the National Convention that binds to pediatricians Asl 'it says that deputy assumes full responsibility, even a civilian. " The story also shakes family doctors. Vittorio Boscherini, regional secretary of the union FIMMG comments: 'It's crazy. If you are a substitute for a professional, he is responsible as you. Moreover, if the doctor is not able to find anyone, maybe because it is sick or has a sudden engagement, the ASL is required to obtain it for himself.
(January 21, 2011)
Fnomceo's response: A ruling characterized by an interpretation "excessive" and that represents un «precedente», rischia di «mettere in crisi un intero sistema». Così il presidente della Federazione degli ordini dei medici e odontoiatri (Fnomceo), Amedeo Bianco (nella foto), commenta la decisione del tribunale di Firenze che ha condannato una pediatra a risarcire il danno per la morte di una bambina di 10 anni, sua paziente, causata da un errore di diagnosi della sua sostituta, anche se era assente per le ferie e aveva il telefono staccato. «Questo tipo di interpretazione del principio civilistico di "risarcimento" e "responsabilità"» ha sottolineato Bianco «segna qualche eccesso». La magistratura, spiega il presidente Fnomceo, «ha cioè in questo caso creato un profilo di responsabilità nuovo». But White warns, "broadening the profile of accountability and the concept of damage, giving dramatic as in the case of Florence also the responsibility of what the doctor away, contributes to some creativity on the statutory plan that could make difficult the relationship between doctors , patients and institutions. " In addition, says White, a similar situation may loom for family doctors, who on vacation when they are replaced by physicians who have an equal degree. This ruling, therefore, concludes the representative of the doctors, "a precedent and an element that threatens to undermine the whole system of relations."
Sentence "negative and dangerous." It is the opinion of the Secretary of the Federation of General Practitioners (FIMMG), James Militello, with the decision of the Court of Florence. "This kind of sentence on the basis of what has been disclosed," said Militello "amazes doctors, because it goes against an established principle and common sense, or that the activity of the individual practitioner depends solely on his will. For this, "he continued," we believe that the professional responsibility to be absolutely independent. " At this point, the Secretary announced FIMMG, "I believe that we will examine the ruling of the court in Florence and we act to provide all the arguments in a second instance." This measure, in fact, he said Militello, "likely to change many rules at stake, the sentence is negative and dangerous." Militello also expressed "concern" that such a situation can occur for family doctors, which are replaced by other doctors in the same degree if holidays: "For us," concluded the Secretary FIMMG "the responsibility of those acts is still very individual. "
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