1,720,967 research outputs found
IL TRATTAMENTO DEI DATI PERSONALI DA PARTE DEL CONSULENTE/PERITO ALLA LUCE DEL GDPR 679/2016
No full textAN EMBLEMATICAL CASE OF FIRST ACCESS IN EPILEPSY WHILE DRIVING ACCORDING TO THE ITALIAN LAW N. 41 OF 23 MARCH 2016 AND A REVIEW OF LITERATURE
Full text linkIntroduction: People with epilepsy, all over the world, have many problems in everyday life because of unpredictable seizures
that could hinder every human activity. In particular, they are restricted from driving because of the fear over seizure-related car accidents.
The purpose of this work is to raise some questions about risk of traffic accident, driving restriction and personal liability in
people with and without diagnosis of epilepsy.
Case presentation: We present a case of a 49-year-old woman who accidentally hit a pedestrian with her car, causing him severe
personal injury. After many clinical and instrumental examinations, the physicians diagnosed to her generalized epilepsy and she
started a daily anti-epileptic therapy.
Results: Studies have tried to estimate the real risk of road traffic accident in order to evaluate when a person with epilepsy
reaches an acceptable risk of driving, balancing public traffic safety and personal freedom, without a real success. Therefore, we present
an overview of laws regarding epilepsy-driving restriction and a recent court case related to a car accident during a first seizure,
according to the Italian law n. 41 of 23 march 2016 about personal injuries and murder caused by vehicular accident and a review of
Literature about the first seizure while driving.
Conclusion: We believe that the driver cannot be held liable for any personal injuries or murder caused by vehicular accident,
according to the Italian law n. 41 of 23 march 2016, likewise it happened in the case presented. Indeed, the crisis represent a temporary
reduction of liability (incapacity to understand and want), making the person not imputable for own actions during the time of
the seizure.
Keywords: first seizure, people with epilepsy (PWE), car accident, personal injuries
Mycobacterium Chimaera: Clinical and medico-legal considerations starting from a case of sudden acoustic damage
Full text linkMycobacterium Chimaera is a microorganism that can cause nosocomial infections particularly in patients undergoing cardiac surgery. The specific case presented herein shows an original clinical presentation of the infection: sudden unilateral deafness as a result of septic embolization. Medico-legal experts appointed by the court in a civil liability dispute analyzed the case and submitted their expert opinion. This article analyzes the peculiar and innovative aspect of professional liability that can be attributed to the healthcare facility and the manufacturer of the equipment used in the operating room from a medical-legal point of view
Organizational liability: new frontier of medical malpractice? Seventeen-year experience as a medico-legal observer
No full textBACKGROUND: The study of claims for medical malpractice can be a useful tool to understand Clinical Risk. Indeed, the identification of the events that cause or foresee damage to the patient allows the proposal of new strategies to prevent the recurrence of the same event. This ensures better medical case security and health maintenance of individuals and overall society. In particular, this study focuses on the cases regarding secondary errors due to organizational deficit in order to understand the origins of such organizational deficit and to start specific prevention measures.METHODS: The claims for medical damage were analyzed in the period between 1st January 2003 and 31st December 2019 and divided in specific sub-categories.RESULTS: The claims due to deficiencies in organizational responsibility covers 10% of the total cases. The distribution according to the macro-areas shows that the surgical field is the most represented area (68%). The classification of these deficiencies shows the preponderance of "sentinel events" (30%) compared to "diagnostic/therapeutic delay" (27%) and "infections" (23%).CONCLUSIONS: From the present research, it was possible to identify the main cause of errors and propose specific risk mitigating measures to prevent such errors due to system deficiencies
Seventeen-Year Medical Professional Liability Experience in a Level III University Hospital
No full textIntroduction: In recent decades, the number of medical professional liability disputes has grown exponentially, becoming a well-studied aspect of public healthcare. Legal medicine is an essential tool in managing this phenomenon. Methods: This article reports the results of the analysis of disputes for medical professional liability in a Level III University Hospital in Italy. The study covers the time period from 01.01.2003 to 31.12.2019. Results: About 33% of claims have been compensated. Those claims fall within the following categories: 37% in the surgical field, 17% in the field of internal medicine, and 35% in the emergency care field. As for the types of a medical mistake, compensation was awarded in 30% of diagnostic error cases, 26% of therapeutic error cases, 47% of execution error cases, and 55% of organizational deficiency cases. Discussion: The difference in the rate of compensation between the various medical fields or types of error depends on specific medico-legal characteristics. The aim of advanced healthcare systems is to prevent medical liability disputes by analyzing this phenomenon and improving clinical risk management programs. In particular, according to our study, events related to organizational deficiencies are the most preventable. In addition, through the use of a dedicated reporting procedure, medico-legal analysis of malpractice cases may be the key to risk reduction. Conclusion: Every major hospital should set up a medico-legal watchdog responsible for collecting and analyzing information on professional medical liability disputes in order to prevent and manage such events
Conscientious objection in Italian law n. 219/2017: a space for reflection still to be traced
Full text linkItalian Law no. 219/2017, containing provisions on informed consent and advanced directives, represents the landing place that the Italian legislature has reached following a long debate in relation to the issues of end of life and living wills. Although many authors have given the law a positive reception, some critical aspects have arisen, such as the issue of conscientious objection for healthcare professionals. Recognizing that the debate is far from being resolved, this article highlights the controversial aspects of conscientious objection as covered by Law no. 219/2017, but also the more general regulatory assumptions regarding this issue.Italian Law no. 219/2017, containing provisions on informed consent and advanced directives, represents the landing place that the Italian legislature has reached following a long debate in relation to the issues of end of life and living wills. Although many authors have given the law a positive reception, some critical aspects have arisen, such as the issue of conscientious objection for healthcare professionals. Recognizing that the debate is far from being resolved, this article highlights the controversial aspects of conscientious objection as covered by Law no. 219/2017, but also the more general regulatory assumptions regarding this issue
The new Italian law 219/2017: an extraordinary clinical tool in internal medicine
Full text linkAbstract
On December 2017, Law 219 named
Provisions for informed consent and advance treatment
directives
was approved in Italy, and on one side this law helped the daily medical activity on the
other side it enhanced the patient's self-determination. This contribution analyzes the new
legislative disposition and the possible medical-legal and practical implications for patients
entrusted
in hospitals. In particular, it focuses on the usefulness of
an early planning of medical care
decision in complex pathological situations in order to enhance the patient's self-determination and
his eventual impassable refusal. It also safeguards the medical work from disputes and claims,
preserving medical autonomy and competence
The Role of DNA Degradation in the Estimation of Post-Mortem Interval: A Systematic Review of the Current Literature
Full text linkThe determination of the post-mortal interval (PMI) is an extremely discussed topic in the literature and of deep forensic interest, for which various types of methods have been proposed. The aim of the manuscript is to provide a review of the studies on the post-mortem DNA degradation used for estimating PMI. This review has been performed following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses and the PRISMA Guidelines. Several analytical techniques have been proposed to analyse the post-mortem DNA degradation in order to use it to estimate the PMI. Studies focused mainly on animal models and on particular tissues. The results have been mixed: while on the one hand literature data in this field have confirmed that in the post-mortem several degradation processes involve nucleic acids, on the other hand some fundamental aspects are still little explored: the influence of ante and post-mortem factors on DNA degradation, the feasibility and applicability of a multiparametric mathematical model that takes into account DNA degradation and the definition of one or more target organs in order to standardize the results on human cases under standard conditions
Genetic identification of endoscopic biopsies after unnecessary gastrectomy: case report and medico-legal evaluation
No full text- …
