VIAREGGIO. The two doctors definitively sentenced for manslaughter to 6 months for the death of a merchant from Querceta will not have to compensate the ASL which, over time, has paid 2 million and 240 thousand euros to the brothers and children of a 49-year-old patient died in 2013 at Versilia.
The Court of Auditors decided this by rejecting the request of the Accounting Prosecutor’s Office which contested the gross negligence in the behavior of Daniela Castellani68 years old, from Massarosa, e Luca Dellatomasina, 58 years old, resident in Torre del Lago and now responsible for the emergency room at Livorno hospital. On 22 February 2013 both worked in the Versilia emergency room. In the morning he arrived with a serious heart problem Rodolfo Giannotti cause of a death which gave rise to criminal proceedings.
The accusation translated into a conviction that remained until the Court of Cassation was that the absence of further targeted checks would have led to the death of the father of the family due to aortic dissection.
What was decided in the criminal case was not fully accepted by the Court of Auditors which ordered a further appraisal to ascertain any serious faults attributed to the two doctors. We read in the sentence: «In particular, the judge of first instance noted, confirmed in the ruling on appeal and subsequently in the Supreme Court, that, despite the seriousness of the situation that emerged prima facie, the two doctors had failed to examine the chest x-ray , neglecting the situation of the aorta and limiting oneself to routine care, thus precluding the possibility of making the correct diagnosis which could have led to the patient’s salvation”.
The latest report did not resolve the accounting judges’ doubts about the doctors’ conduct. And, therefore, in the face of a CTU not fully clarifying the doctors’ obligations in some “key” circumstances for the definition of the present judicial matter, the guilt of the defendants in its serious nature, a necessary constitutive element, remains in any case not fully demonstrated of fiscal responsibility”. Translated: they do not have to compensate the 2 million and 240 thousand paid by the ASL to Giannottil’s family members
Pietro Barghigiani
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