A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery

Voultsos, Polychronis; Casini, Marina; Ricci, Giovanna; Tambone, Vittoradolfo; Midolo, Emanuela; Spagnolo, Antonio G.

doi:10.14639/0392-100x-1292

Cited by 6 publications

(1 citation statement)

References 36 publications

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“…Foreign researchers from all over the world, notably Europe, focused more on the legal ramifications of medical malpractice. For example, Italian experts are considering imposing criminal culpability solely for extreme medical negligence [13]. Whereas Indian academics examine the concept of clinical negligence and the problem of proportionate punishment for it on a regular basis [4].…”

Section: Worldwide Concerns Of the Criminal Liability Of Medical Negl...mentioning

confidence: 99%

Medical negligence and liability; A perspective from violation of international human rights law

Khanam¹,

Rubina²

2023

World J. Adv. Res. Rev.

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In the present world, there has been a great amount of improvement in medical services through technology and science. Developed methods and treatments are invented, and thousands of lives are also saved. Day by day, new doors of innovation and inventions are being opened in this sector. But in spite of these developments, there is also a black dot in that improvement which is adding to the health issues of the population, called "Medical Negligence". It's the breach of “duty of care" standard on part of the medical personnel in charge, having liability to fulfil the standard and eventually leading to the occurrence of "medical negligence ". The determination of liability in cases of “medical negligence", is a complex one. In this regard, this paper opts to discuss the determination of the liability of the medical personnel in question of medical negligence as well as the legal consequence of such medical negligence as violation of basic human rights under International Human Rights Law.

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Section: Worldwide Concerns Of the Criminal Liability Of Medical Negl...mentioning

confidence: 99%

Medical negligence and liability; A perspective from violation of international human rights law

Khanam¹,

Rubina²

2023

World J. Adv. Res. Rev.

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Is the team leading surgeon criminally liable for his collaborators’ errors? Judges confirm responsibility and condemn an otorhinolaryngologist

Gulino

Ralli

Luca

et al. 2018

Acta Otorhinolaryngol Ital

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In current healthcare, delivery of medical and surgical treatment takes place in a multidisciplinary manner. This raises the problem of distinguishing the conditions under which the person who has properly carried out his duties, respecting the related leges artis, can be held responsible for damages materially caused by another member of the medical team. Jurisprudence has developed the so-called "principle of trust" for which every member of the team can rely on the fact that other members are acting in compliance with the leges artis of their specialisation. The Supreme Court has limited the application of this principle. The authors examine the jurisprudence on responsibility of the team in otolaryngology and conclude that individual liability should be limited to the specific expertise of the individual specialist. KEY WORDS: Team leader responsibility • Principle of trust • Équipe responsibility • Legal medicine RIASSUNTONella realtà sanitaria contemporanea, la prestazione terapeutica si svolge in forma multidisciplinare. Si pone, quindi, il problema di distinguere a quali condizioni colui che ha espletato correttamente le proprie mansioni rispettando le leges artis a lui richieste, può essere chiamato a rispondere del danno materialmente causato da altro membro dell'équipe medica. La dottrina ha elaborato il "principio di affidamento", approssimativamente traducibile in "principle of trust", ossia ogni membro dell'equipe può fare affidamento sul fatto che gli altri soggetti agiscano nell'osservanza delle leges artis della loro specializzazione. La Suprema Corte ha limitato l'applicazione di tale principio al fine di aumentare la possibilità di evitare eventuali errori dei colleghi. Gli autori esaminano la giurisprudenza che si è formata sulla responsabilità in équipe in casi di interesse otorinolarigoiatrico e concludono che l'ambito della responsabilità dovrebbe essere circoscritto alle specifiche competenze dei singoli.

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Surgical management of inverted papilloma involving the frontal sinus: a practical algorithm for treatment planning

Pietrobon

Karligkiotis

Turri‐Zanoni

et al. 2019

Acta Otorhinolaryngol Ital

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SUMMARY Inverted papilloma of the frontal sinus is a challenging disease. Given its rarity, only small case series are present in the literature. The objectives of the present study are to review our experience in the surgical management of inverted papillomas involving the frontal sinus and to propose a practical algorithm for selecting the most appropriate approach. Data on patients affected by inverted papilloma involving the frontal sinus and surgically treated between 2002 and 2016 were collected. The type of involvement of frontal sinus and extent of surgery performed (endoscopic endonasal, external or combined approaches) were analysed. A brief review of consistent literature was also carried out. Forty-seven consecutive patients were treated using an exclusive endoscopic endonasal approach (EEA) in 18 cases, while a combined endonasal with external osteoplastic approach was required in 29 cases. Most patients (29/47, 62%) had been treated previously, mainly by an endoscopic approach. A single intraoperative complication occurred (1/47, 2%), i.e. cerebrospinal fluid (CSF) leak, that was successfully repaired intraoperatively without any consequences. Recurrences were observed in only 2/47 cases (4%) after a mean follow-up of 43 months (range, 12-137). The management of inverted papilloma involving the frontal sinus requires great expertise and the surgical technique should be tailored to the site of attachment of the tumour, its extension and the anatomical conformation of each frontal sinus. The encouraging results obtained in this case series support the use of this practical treatment algorithm.

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A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery

Cited by 6 publications

References 36 publications

Medical negligence and liability; A perspective from violation of international human rights law

Medical negligence and liability; A perspective from violation of international human rights law

Is the team leading surgeon criminally liable for his collaborators’ errors? Judges confirm responsibility and condemn an otorhinolaryngologist

Surgical management of inverted papilloma involving the frontal sinus: a practical algorithm for treatment planning

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