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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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Autores principales: Feola, Alessandro, Minotti, Chiara, Marchetti, Daniela, Caricato, Marco, Capolupo, Gabriella Teresa, Marsella, Luigi Tonino, La Monaca, Giuseppe
Formato: Online Artículo Texto
Lenguaje:English
Publicado: MDPI 2021
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8230183/
https://www.ncbi.nlm.nih.gov/pubmed/34205015
http://dx.doi.org/10.3390/medicina57060571
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author Feola, Alessandro
Minotti, Chiara
Marchetti, Daniela
Caricato, Marco
Capolupo, Gabriella Teresa
Marsella, Luigi Tonino
La Monaca, Giuseppe
author_facet Feola, Alessandro
Minotti, Chiara
Marchetti, Daniela
Caricato, Marco
Capolupo, Gabriella Teresa
Marsella, Luigi Tonino
La Monaca, Giuseppe
author_sort Feola, Alessandro
collection PubMed
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.
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spelling pubmed-82301832021-06-26 A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy Feola, Alessandro Minotti, Chiara Marchetti, Daniela Caricato, Marco Capolupo, Gabriella Teresa Marsella, Luigi Tonino La Monaca, Giuseppe Medicina (Kaunas) Article (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. MDPI 2021-06-03 /pmc/articles/PMC8230183/ /pubmed/34205015 http://dx.doi.org/10.3390/medicina57060571 Text en © 2021 by the authors. https://creativecommons.org/licenses/by/4.0/Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).
spellingShingle Article
Feola, Alessandro
Minotti, Chiara
Marchetti, Daniela
Caricato, Marco
Capolupo, Gabriella Teresa
Marsella, Luigi Tonino
La Monaca, Giuseppe
A Five-Year Survey for Plastic Surgery Malpractice Claims in Rome, Italy
title 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_short 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
topic Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8230183/
https://www.ncbi.nlm.nih.gov/pubmed/34205015
http://dx.doi.org/10.3390/medicina57060571
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