A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery.
Title | A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery. |
Publication Type | Journal Article |
Year of Publication | 2017 |
Authors | Voultsos, P., Casini M., Ricci G., Tambone V., Midolo E., & Spagnolo A. G. |
Journal | Acta Otorhinolaryngol Ital |
Volume | 37 |
Issue | 1 |
Pagination | 65-71 |
Date Published | 2017 Feb |
ISSN | 1827-675X |
Keywords | Endoscopy, Humans, Italy, Liability, Legal, Malpractice, Paranasal Sinuses, Risk Assessment |
Abstract | The aim of the present study is to propose legal reform limiting surgeons' criminal liability in high-accuracy and high-risk surgery such as endoscopic sinus surgery (ESS). The study includes a review of the medical literature, focusing on identifying and examining reasons why ESS carries a very high risk of serious complications related to inaccurate surgical manoeuvers and reviewing British and Italian legal theory and case-law on medical negligence, especially with regard to Italian Law 189/2012 (so called "Balduzzi" Law). It was found that serious complications due to inaccurate surgical manoeuvers may occur in ESS regardless of the skill, experience and prudence/diligence of the surgeon. Subjectivity should be essential to medical negligence, especially regarding high-accuracy surgery. Italian Law 189/2012 represents a good basis for the limitation of criminal liability resulting from inaccurate manoeuvres in high-accuracy surgery such as ESS. It is concluded that ESS surgeons should be relieved of criminal liability in cases of simple/ordinary negligence where guidelines have been observed. |
DOI | 10.14639/0392-100X-1292 |
Alternate Journal | Acta Otorhinolaryngol Ital |
PubMed ID | 28374874 |
PubMed Central ID | PMC5384313 |