The Court of Agrigento, after 4 years of litigation, condemned the ASP of Agrigento to pay compensation for damages for a total amount of over 1,187,000.00 euros. The sentence refers to the complaint presented by the children of a lady from Favara, who died following an intubation procedure at the San Giovanni di Dio Hospital in Agrigento. The patient’s children, assisted by the lawyer. Domenico Schembri had filed a complaint in March 2020 because they believed that due to the incorrect positioning of the inserted tracheal tube, the doctors had caused a perforation in their mother’s trachea, resulting in widespread subcutaneous emphysema and a bilateral pneumothorax and triggering, in a cascade, a mechanism of cardiac and renal impairment as well as a worsening of vital parameters until death occurred on 17.3.2019. For this reason, the children of the deceased lady asked to ascertain and declare the responsibility of the staff of the San Giovanni di Dio Hospital in Agrigento and for them of the ASP of Agrigento, for the death of her mother. The Court appointed two expert witnesses who, following the expert investigations, ascertained “an error in the actions of the doctors of the defendant hospital in carrying out the emergency oro-tracheal intubation maneuver, going so far as to state that the event of death of the lady was entirely attributable, from a causal point of view, to the medical conduct of intubation resulting in the perforation of the trachea”.
The Court of Agrigento, therefore, on the basis of the findings of the CTU, accepted most of the complaints put forward by the patient’s heirs represented by the lawyer. Domenico Schembri and condemned the ASP of Agrigento to pay compensation for the damage in its capacity as parental damage.
