Legal complaint against physicians due to CoViD-19

ABSTRACT

Background: Italy is one of the few countries globally where physicians can be criminally prosecuted. Results: The total of pending civil sector files in 2020 is rather stable however, it has suffered a net increase in the Supreme Court (+12%), an increase in the Court (+3.1%) and in the Court of Appeal (+1.1%) mainly due to CoViD-19 (C19) restrictions. Many patients or patients' families have sued physician because of the deaths due to C19. ISTAT has published the information reported by physicians in 4,942 death cards of subjects diagnosed with a positive C19 test (15.6% of the total deaths reported to the ISS Integrated Surveillance System). In the cards of deaths are certified, in addition to C19, those conditions and diseases that have played a role in determining death. Conclusions: Law No. 24/2017 states that an HP who commits an avoidable technical error can be considered not guilty if full compliance with proper national guidelines/protocols is proven and it is not a case of gross negligence (a term that is not explicitly defined by any law). In 2020 C19 pandemic no national effective guidelines/protocols were given so HPs have no official documents to refer to in order to properly treat the patients and this has led to a significant increase in cases evolving into criminal and civil proceedings for medical malpractice. A proper defensive strategy is essential both for the HP and the Hospital/Clinic to avid final conviction and, in case of evident malpractice, make recurs to the help of a mediator is highly recommendable rather than taking legal action or trying to win a trial.