A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery

作者：Voultsos P; Casini M; Ricci G; Tambone V; Midolo E^*; Spagnolo A G

来源：Acta Otorhinolaryngologica Italica, 2017, 37(1): 65-71.

DOI：10.14639/0392-100X-1292

• Endoscopic sinus surgery
• Malpractice
• Medical liability
• Gross negligence
• Italian Law 189/2012

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.

• 出版日期2017-2