Ilaria Purassanta
21 December 2020
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PORDENONE. Admitted to the hospital of San Vito al Tagliamento following a stroke, an elderly man got out of bed and fell into the hospital bathroom, causing fractures in his side. The trauma suffered caused internal bleeding, which was followed by death.
The children and his wife, assisted by the lawyer Antonio Malattia, first promoted a preventive technical assessment and then filed a civil suit, in 2018, against the then healthcare company 5 in western Friuli.
On November 14, Judge Francesco Petrucco Toffolo partially accepted the compensation request and sentenced the health company to pay the heirs of the deceased patient the total sum of 633,233.16 euros, by way of compensation for damages, legal fees, revaluation and interests.
The judge ordered a second official technical consultation, at the request of the health care company. The Disease lawyer highlighted that the consultation revealed shortcomings on the part of the health facility considered decisive in causing the patient’s death: the technical consultant of the office felt that the elderly could have been saved, if the bleeding had been resolved .
At the time, civil liability coverage was guaranteed for regional healthcare companies with an insurance policy stipulated with Am Trust international underwriters, which provides for a deductible of half a million euros per claim. A figure lower than the amount set in this case by the civil judge for compensation to family members.
The insurance company has informed Asfo that it will challenge the judge’s sentence. Even Asfo, by decree of the general manager, has decided to appear in court, entrusting the task to the lawyer Diego Modesti of Cervignano. A second legal round is therefore looming on the horizon. –
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