No medical fault: little Gabriele Cirnigliaro died of multiple organ failure following severe sepsis, resulting from an acute broncho-pneumonic infection. As regards, however, the profile of responsibilities that may be attributable to doctors, “the careful analysis of the conduct of the healthcare personnel involved in Gabriele’s care leads to affirming the adequacy and proportionality with respect to the specificities of the clinical case”. It is these conclusions that judge Dr. Barbara Malvasi reached, who yesterday ordered the dismissal of the case of little Gabriele Cirnigliaro, the two and a half year old child who died on March 1, 2023 in Sassuolo hospital, where he was was brought in by his parents following some health problems.
The judge rejected the opposition presented by the child’s family, represented by the lawyer Roberta D’Acquino. The lawyer had asked to order new investigations, including through the appointment of another consultant. For the child’s death, we recall, the prosecutor’s office had registered the general pediatrician and two pediatricians from the Sassuolo hospital on the register of suspects with the hypothesis of the crime of ‘culpable liability for death or personal injury in a healthcare setting’. But, according to the judge: “The conduct carried out by doctors holding autonomous and distinct positions of guarantee are completely immune from criminal profiles, as they comply with the guidelines or good sector practices”.
“In a situation of this kind, the first thing is the suffering of the family for what dramatically happened and the difficulty of the family members in giving an explanation. The investigation carried out following the complaint made it possible to identify a cause of death, that is, a consequence of a serious lung infection which had a biphasic evolution: an initial improvement during the first hours of hospitalization, with a positive response to treatment, then a sudden collapse – says Dr. Claudio Rota, director of pediatrics and of the maternal and child department of the hospital – In situations of this kind, the question for everyone is whether the treatments were adequate, in terms of methods and timing. What emerged with absolute clarity from the opinion of the professionals who are experts in this area, is that the treatments were provided adequately. This takes nothing away from the family’s pain but the doubt that there had been something incorrect was a devastating doubt.”
Valentina Reggiani
