Wrong medication for the patient for a year, maxi-cause of ATS to a doctor: “She must reimburse 330 thousand euros”

Wrong medication for the patient for a year, maxi-cause of ATS to a doctor: “She must reimburse 330 thousand euros”
Wrong medication for the patient for a year, maxi-cause of ATS to a doctor: “She must reimburse 330 thousand euros”

A wrong medicine, administered six years ago, but which will now cost someone dearly doctor Of Bergamo. Due to an incorrect painkiller, administered to a patient from 2018 to 2019, a general practitioner received a request for reimbursement from the national health service for a sum exceeding 330 thousand euros. The cause is “prescriptive inappropriateness”, because the medicine that the expert had given to the patient at the time is off-label and registered for pathologies other than that of the recipient.

But the doctor herself considers the reimbursement “inappropriate”, and after the report she contested the documents and went to the Regional Administrative Court (TAR), which for the moment has only rejected the request because the “compensation is not stringent”.

History

This is a tangled story, which doesn’t seem to have any end in sight. It all started six years ago, when a boy continued to complain of intermittent pain, says Corriere della Sera. He tries to do more in-depth visits, even going outside of Lombardy, but no doctor prescribes him any therapies or medicines that have a lasting effect. Until he turns to a neurosurgeon, who rules out the possibility of surgery. But, to try to alleviate the young man’s pain, he administers a treatment of painkillers to him in writing. And the GP, following the neurosurgeon’s request, prescribes them. After a long time, the boy begins to feel better and no longer feels those intermittent pains.

The cause

Although the medicine worked, it was actually not suitable for the pain the patient had reported. And so on 27 January 2024, based on the minutes of the Company Commission for Pharmaceutical Appropriateness (CAAF) of Ats of 20 December 2023, the general director of Ats signed the note with the request for reimbursement to the doctor amounting to 332,992 thousand euros . After the specialist’s complaint to the TAR, for the moment no one is cashing in.

But, strictly speaking, the case could also reach the Court of Auditors. This was declared by ATS, which wrote in a note: «In the event that you do not spontaneously provide compensation for the damage, the fact will be reported to the competent Prosecutor’s Office at the regional jurisdictional section of the Court of Auditors, so that it can exercise the administrative liability action provided for by current legislation. And only if the Prosecutor’s Office (accounting, ed.) decides to exercise the administrative liability action, and the related judgment ends with a conviction of the doctor, ATS will proceed to collect the sums».

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