The Supreme Court of Cassation ruling No 8254 of 2 March 2011 ruled that the doctor who commits manslaughter hastily resigned a patient who died shortly after his resignation.
protagonist of the case is a man hospitalized due to a heart attack undergoing angioplasty and discharged nine days after admission. On the same night, the man is caught by a new heart failure and was taken to hospital where he arrived in cardiac arrest and died shortly thereafter.
The Court condemned the doctor who signed his resignation to eight months imprisonment in addition to compensation for moral damages to the relatives of the deceased. The doctor turns to the Court of Appeal of Milan, varying the decision at first instance, acquitted him because the offense is not because the doctor has followed the guidelines on the subject of resignation. Against that decision, the Milan public prosecutor lodges an appeal to the Supreme Court.
Judges Piazza Cavour have accepted the appeal and annulled the acquittal of the charge of manslaughter and reaffirming the concept that protecting the right to health takes precedence over any principle of affordability.
If the man had not been discharged, as legal expertise, would easily survive the rapids that he would receive treatment in the ward. As a result, doctors should resist mechanical application of cost-management guidelines that are designed to accelerate substantially the resignation of the patient.
(From avvocati.it of 07/03/2011)
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