The Court of Auditors, chaired by Vincenzo Lo Presti, sentenced the neurosurgeon Luigi Basile to compensate the Policlinico hospital of Palermo with almost 400 thousand euros. The hospital was sentenced by the Civil Court to compensate the family members of Pietro Romano, from Carini, who died at the age of 51 on 8 June 2011 after a herniated disc operation. The man had turned to the doctor after back pain had been torturing him for 5 years. After the surgery the patient underwent a second operation in Emergency Vascular Surgery to try to stop internal bleeding.
The man’s relatives filed a complaint with the prosecutor’s office and also a civil suit for compensation. For that death, the Polyclinic was sentenced to pay almost 800,000 euros. «According to the technical consultant of the court – as stated in the sentence of the Court of Auditors – Basile committed a manual error which determined the laceration of about one centimeter in size of the iliac vessels and consequent copious loss of blood. The doctor would have made a mistake in the pre-operative phase by not subjecting the patient to exploratory and post-operative diagnostic assessment since the doctor unjustifiably delayed in diagnosing the lesion caused in the operative phase”.
For these facts in criminal proceedings, the Palermo prosecutor’s office requested the filing on 7 May 2021 for the crime of manslaughter contested in Basile. The prosecutor’s experts had excluded the doctor’s responsibility in the three phases of the performance. Basile himself had rejected all charges.
«The accounting prosecutor, – reads the sentence – with particular regard to the constitutive element of the causal link, remarked that the intra-operative conduct held by Basile constitutes the removed causal antecedent which the outcome would not have occurred . In this way, he deduces the full validity of the main question articulated in the summons, requesting that the affirmation of Basile’s administrative responsibility ». The judges of first instance accepted the prosecutor’s requests and sentenced Basile to pay compensation.
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