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Fassina G, Rigato S, Fassan M, Rotter G, Sanavio M, Cecchetto G, Viel G. A case of lethal varicose vein rupture caused by massive leiomyoma. Forensic Sci Int 2021; 328:111039. [PMID: 34624735 DOI: 10.1016/j.forsciint.2021.111039] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 05/13/2021] [Revised: 09/26/2021] [Accepted: 09/27/2021] [Indexed: 11/30/2022]
Abstract
Varicose veins are a common and benign disease, especially affecting the lower limbs of the elderly. This pathology can exhibit several complications, which in the majority of cases do not require medical treatment; life-threatening conditions are possible but extremely rare. We present here a suspected murder case in which a woman was found dead in her home with a large amount of blood soiling the floor and the furniture of her house. Death scene investigation (DSI) with body inspection and bloodstain pattern analysis (BPA) were not exhaustive in excluding a homicide, and the prosecutor asked for a forensic autopsy. During the dissection, a uterine neoplasia, which altered the lower limb venous system, was detected, thus allowing to reconstruct the physio-pathological mechanism of the formation and rupture of the varicose vein.
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Affiliation(s)
- Giacomo Fassina
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua, Italy.
| | - Selene Rigato
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua, Italy
| | - Matteo Fassan
- Department of Medicine, Pathology, University of Padua, Padua, Italy
| | - Gabriele Rotter
- Polizia di Stato, Gabinetto Regionale di Polizia Scientifica per la Calabria, Reggio Calabria, Italy
| | - Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua, Italy
| | - Giovanni Cecchetto
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua, Italy
| | - Guido Viel
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua, Italy
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Bolcato M, Sanavio M, Fassina G, Rodriguez D, Aprile A. Healthcare professionals and patient information: a fresh look from the new italian law on consent. Clin Ter 2021; 172:104-108. [PMID: 33763683 DOI: 10.7417/ct.2021.2293] [Citation(s) in RCA: 3] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Subscribe] [Scholar Register] [Indexed: 11/20/2022]
Abstract
ABSTRACT This article discusses the importance of providing patients with adequate information and creating the care relationship, particularly focusing on the role of healthcare professionals in this activity. It examines the main legislative references on this topic at a European level and the new law, No. 219/2017, in Italy on informed consent that serves as a starting point for recalling important legal and ethical principles regarding the information to be provided to patients in the therapeutic relationship.
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Affiliation(s)
- M Bolcato
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua
| | - M Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padova, Padua, Italy
| | - G Fassina
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padova, Padua, Italy
| | - D Rodriguez
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua
| | - A Aprile
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua
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Bolcato M, Sanavio M, Rodriguez D, Aprile A. Proposal for the Application of a Quality Indicator to Medico-legal Consultations in the Field of Medical Liability. Curr Pharm Biotechnol 2020; 22:1994-2000. [PMID: 33308127 DOI: 10.2174/1389201021666201211104611] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 05/25/2020] [Revised: 09/13/2020] [Accepted: 09/13/2020] [Indexed: 11/22/2022]
Abstract
INTRODUCTION In recent decades, the number of professional liability disputes has increased, especially in the civil sector. In these liability assessments, medico-legal experts have become the linchpin. Law No. 24/2017, concerning professional liability in Italy, requires that guidelines and best practices be established to identify the necessary elements for writing expert reports in the legal sector. MATERIALS AND METHODS The authors have created a numerical indicator to be applied to 150 legal expert reports on professional liability, enabling them to evaluate the methodological quality of those reports. The results are then compared with the outcome of the legal proceedings in order to establish the suitability of this quality index for evaluating the work of medico-legal experts. RESULTS Of the 150 reports considered, 14 were scored inadequate, 75 adequate and 31 good. These inadequate (according to the indicator) reports presented a higher probability of being scored inadequate in court proceedings, compared to the risk of inadequacy of all the reports; OR 4.6 (95% CI 1.25-16.90). This probability significantly increased on comparing the inadequate reports with the adequate; OR 5.6 (95% CI 1.28-24.41), and the inadequate with the good; OR 7.73 (95% CI 1.50- 39.87). DISCUSSION Application of the proposed indicator is simple and produces a high-quality result, thus ensuring an accurate and tenable appraisal of methodological quality. CONCLUSION The indicator proposed serves as a useful starting point for creating the necessary methodological standards for medico-legal experts in the field of professional liability as recommended by Law No. 24/2017.
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Affiliation(s)
- Matteo Bolcato
- Department of Molecular Medicine, Legal Medicine, University of Padua, Italy
| | - Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Italy
| | - Daniele Rodriguez
- Department of Molecular Medicine, Legal Medicine, University of Padua, Italy
| | - Anna Aprile
- Department of Molecular Medicine, Legal Medicine, University of Padua, Italy
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Bolcato M, Fassina G, Sanavio M, Anna A. Seventeen-year Medical Professional Liability Experience in a Level III University Hospital. Curr Pharm Biotechnol 2020; 22:1985-1993. [PMID: 33059574 DOI: 10.2174/1389201021666201015145311] [Citation(s) in RCA: 4] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Received: 06/29/2020] [Revised: 07/11/2020] [Accepted: 07/17/2020] [Indexed: 11/22/2022]
Abstract
INTRODUCTION In recent decades, the number of medical professional liability disputes have grown exponentially, becoming a well-studied aspect of public healthcare. Legal medicine is an essential tool in managing this phenomenon. METHODS This article reports the results of the analysis of disputes for medical professional liability in a Level III University Hospital in Italy. The study covers the time period from 01.01.2003 to 31.12.2019. RESULTS 33% of claims have been compensated. Those claims fall within the following categories: 37% in the surgical field, 17% in the field of internal medicine and 35% in the emergency care field. As for the types of medical mistake, compensation was awarded in 30% of diagnostic error cases, 26% of therapeutic error cases, 47% of execution error cases and 55% of organizational deficiency cases. DISCUSSION The difference in the rate of compensation between the various medical fields or types of error depends on specific medico-legal characteristics. The aim of advanced healthcare systems is to prevent medical liability disputes by analyzing this phenomenon and improving clinical risk management programs. In particular, according to our study, events related to organizational deficiencies are the most preventable. In addition, through the use of a dedicated reporting procedure, medico-legal analysis of malpractice cases may be the key to risk reduction. CONCLUSION Every major hospital should set up a medico-legal watchdog responsible for collecting and analyzing information on professional medical liability disputes in order to prevent and manage such events.
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Affiliation(s)
- Matteo Bolcato
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua. Italy
| | - Giacomo Fassina
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua. Italy
| | - Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padua, Padua. Italy
| | - Aprile Anna
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua. Italy
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Bolcato M, Feola A, Sanavio M, Amadasi A, Crenna S, Landi G, Tettamanti C. The state of knowledge of young Italian medicolegal doctors on the law of provisions for informed consent and advance treatment directives: a multi-centric survey two years after the enactment of Law 219 of 2017. Acta Biomed 2020; 92:e2021005. [PMID: 33682828 PMCID: PMC7975962 DOI: 10.23750/abm.v92i1.10129] [Citation(s) in RCA: 3] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Download PDF] [Subscribe] [Scholar Register] [Received: 07/02/2020] [Accepted: 08/01/2020] [Indexed: 11/28/2022]
Abstract
Background. On 22 December 2017, Law No. 219 was approved in Italy entitled “Provisions on informed consent and advance treatment directives”. This article reports the results from a survey of the knowledge of medico-legal experts in Italy on these provisions, in addition to the ability of university healthcare facilities in Italy to implement the principles of this new law. Methods. A survey questionnaire was sent to members of a scientific society. The society had 357 members and represented more than 75% of doctors in training and 32 university healthcare facilities in Italy. 27 of those facilities and 45% of the society’s members participated in this enquiry. Results. The majority (68%) of those interviewed felt they had acquired an adequate knowledge of the law but only 60% of them were able to indicate how to file legally valid advance directives (60% vs. 40%); only 37% knew how to draft a shared care plan. 89% of the pool felt that legal recognition of patient self-determination enhanced the care relationship. 74% of the facilities analyzed have organized training activities on the contents of the law but only 26% have updated their informed consent forms and procedures. 60% of the facilities perform medico-legal consultation activities and in 15% of the facilities there has been resistance to applying the law. Conclusion. Many of the facilities have set up training activities but lack effective implementation of those activities. With increased knowledge and organization this could be remedied. (www.actabiomedica.it)
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Affiliation(s)
- Matteo Bolcato
- 1Department of Molecular Medicine, University of Padua, Padua, Italy.
| | - Alessandro Feola
- Department of Experimental Medicine, University of Campania "Luigi Vanvitelli", via Luciano Armanni 5, 80138 Naples, Italy..
| | - Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University - Hospital of Padua, Via Falloppio 50, 35121 Padua, Italy.
| | - Alberto Amadasi
- Department of Medical and Surgical Sciences (DIMEC), Legal Medicine, University of Bologna, via Irnerio, 49 Bologna, Italy..
| | - Stefano Crenna
- Department of Public Health, Experimental and Forensic Medicine, University of Pavia, Via Forlanini 12, Pavia, 27100, Italy.
| | - Gianluca Landi
- Department of Medicine, Surgery and Neuroscience, Forensic Medicine, University of Siena, Siena Policlinic, 53100 Siena, Italy.
| | - Camilla Tettamanti
- Department of Legal and Forensic Medicine, DISSAL, University of Genoa, Via Antonio De Toni 12, 16142, Genoa, Italy.
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Tozzo P, Scrivano S, Sanavio M, Caenazzo L. The Role of DNA Degradation in the Estimation of Post-Mortem Interval: A Systematic Review of the Current Literature. Int J Mol Sci 2020; 21:ijms21103540. [PMID: 32429539 PMCID: PMC7278928 DOI: 10.3390/ijms21103540] [Citation(s) in RCA: 22] [Impact Index Per Article: 5.5] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Download PDF] [Figures] [Journal Information] [Subscribe] [Scholar Register] [Received: 04/17/2020] [Revised: 05/11/2020] [Accepted: 05/15/2020] [Indexed: 02/03/2023] Open
Abstract
The determination of the post-mortal interval (PMI) is an extremely discussed topic in the literature and of deep forensic interest, for which various types of methods have been proposed. The aim of the manuscript is to provide a review of the studies on the post-mortem DNA degradation used for estimating PMI. This review has been performed following the Preferred Reporting Items for Systematic Reviews and Meta-Analyses and the PRISMA Guidelines. Several analytical techniques have been proposed to analyse the post-mortem DNA degradation in order to use it to estimate the PMI. Studies focused mainly on animal models and on particular tissues. The results have been mixed: while on the one hand literature data in this field have confirmed that in the post-mortem several degradation processes involve nucleic acids, on the other hand some fundamental aspects are still little explored: the influence of ante and post-mortem factors on DNA degradation, the feasibility and applicability of a multiparametric mathematical model that takes into account DNA degradation and the definition of one or more target organs in order to standardize the results on human cases under standard conditions.
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Affiliation(s)
- Pamela Tozzo
- Department of Molecular Medicine, Laboratory of Forensic Genetics, University of Padova, 35122 Padova, Italy;
- Correspondence: ; Tel.: +39-0498272234
| | - Salvatore Scrivano
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, University of Padova, 35122 Padova, Italy; (S.S.); (M.S.)
| | - Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, University of Padova, 35122 Padova, Italy; (S.S.); (M.S.)
| | - Luciana Caenazzo
- Department of Molecular Medicine, Laboratory of Forensic Genetics, University of Padova, 35122 Padova, Italy;
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Abstract
On December 2017, Law 219 named Provisions for informed consent and advance treatment directives was approved in Italy, and on one side this law helped the daily medical activity on the other side it enhanced the patient's self-determination. This contribution analyzes the new legislative disposition and the possible medical-legal and practical implications for patients entrusted in hospitals. In particular, it focuses on the usefulness of an early planning of medical care decision in complex pathological situations in order to enhance the patient's self-determination and his eventual impassable refusal. It also safeguards the medical work from disputes and claims, preserving medical autonomy and competence.
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Bolcato M, Russo M, Sanavio M, Rodriguez D, Aprile A. The clinical legal medicine: a need for quality of care and patient's safety. A single center five-year experience. Acta Biomed 2020; 91:e2020090. [PMID: 33525258 PMCID: PMC7927498 DOI: 10.23750/abm.v91i4.9373] [Citation(s) in RCA: 2] [Impact Index Per Article: 0.5] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Download PDF] [Subscribe] [Scholar Register] [Received: 03/05/2020] [Accepted: 04/20/2020] [Indexed: 01/13/2023]
Abstract
INTRODUCTION Clinical legal medicine is a branch of legal medicine that takes place in a clinical setting approaching the patient's bedside and using a particular attention not only for conceptual or normative references but also for every possible medical and social aspect. MATERIAL AND METHODS The requests of medico-legal opinions received by the Department of Legal Medicine of a large university hospital were retrospectively collected over a 5-years period. The analysis focused on the recurrence rate of the requests and the most common medico-legal issues to be solved in a clinical context, differentiating between adult and minor patients. RESULTS The collected medico-legal advices amounted to 448. The most clearly involved clinical area was Medicine (54%) followed by Gynecology and Obstetrics (15.6%), Pediatrics and Surgery (10.7%). The requests concerning patient's self-determination in therapeutics choices, including refusal of proposed treatments, covered almost one-half of total casuistry. The designation of support administrator represented also a relevant issue (20.5%). In case of minors, the queries related to reporting crimes were three times higher than in adults, while the appointment of a support administrator was never requested. CONCLUSION Clinical legal medicine, through medico-legal advices, plays a primary role in contributing to the safeguarding of health and to the decision-making process of clinicians.
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Affiliation(s)
- Matteo Bolcato
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua, Italy, Via Falloppio, 50, Padova, Italia..
| | - Marianna Russo
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua, Italy, Via Falloppio, 50, Padova, Italia..
| | - Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, Legal Medicine, University of Padova,Via Falloppio, 50, Padova, Italia..
| | - Daniele Rodriguez
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua, Italy, Via Falloppio, 50, Padova, Italia..
| | - Anna Aprile
- Department of Molecular Medicine, Legal Medicine, University of Padua, Padua, Italy, Via Falloppio, 50, Padova, Italia..
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Sanavio M, Carnevali E, Severini S, Tommolini F, Caenazzo L, Tozzo P. Genetic identification of endoscopic biopsies after unnecessary gastrectomy: Case report and medico-legal evaluation. Int J Surg Case Rep 2019; 59:4-6. [PMID: 31085386 PMCID: PMC6517524 DOI: 10.1016/j.ijscr.2019.04.047] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Track Full Text] [Download PDF] [Journal Information] [Subscribe] [Scholar Register] [Received: 02/26/2019] [Revised: 04/03/2019] [Accepted: 04/19/2019] [Indexed: 11/30/2022] Open
Abstract
INTRODUCTION Forensic genetic laboratories analyse samples included in paraffin to verify the genetic correspondence of histological samples, from living subjects or cadavers, in cases where there is a suspicion of contamination of samples with tissues of other patients. PRESENTATION OF THE CASE A case of a man subjected to a gastrectomy as a result of a histological diagnosis of gastric adenocarcinoma after endoscopic biopsies is reported. The microscopic analysis on the gastric tissue after the gastrectomy excluded the presence of cancer. Having suspected a diagnostic error, a microscopic revision of the biopsies was performed and confirmed the presence of cancer cells but led to a hypothesis that there had been contamination with foreign intestinal tissue. The genetic analysis performed on various pieces of tissue, despite the reduced amount of biological material, succeeded in identifying the presence of two incomplete genetic profiles, one of which belonged to a subject of the opposite sex. DISCUSSION The case raised many questions about the process of setting up histological specimens. Even though it is impossible to identify the healthcare professionals responsible for contamination, the organizational error during the management of biopsies has significantly affected the clinical case of the patient, who underwent a gastrectomy for cancer that was not present. CONCLUSION This case is not simply an example of diagnostic error and related unnecessary surgery, but it has raised some doubts about patient management and it has led us to some medical-legal cause for reflection in the field of professional liability.
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Affiliation(s)
- Matteo Sanavio
- Department of Cardiac, Thoracic, Vascular Sciences and Public Health, University of Padova, Via Falloppio 50, 35121 Padova, Italy
| | - Eugenia Carnevali
- Department of Biomedical and Surgical Science, Section of Legal Medicine and Forensic Science, University of Perugia, "S. Maria" Hospital, Via Cesare Mazzieri 3, 05100 Terni, Italy
| | - Simona Severini
- Department of Biomedical and Surgical Science, Section of Legal Medicine and Forensic Science, University of Perugia, "S. Maria" Hospital, Via Cesare Mazzieri 3, 05100 Terni, Italy
| | - Federica Tommolini
- Department of Biomedical and Surgical Science, Section of Legal Medicine and Forensic Science, University of Perugia, "S. Maria" Hospital, Via Cesare Mazzieri 3, 05100 Terni, Italy
| | - Luciana Caenazzo
- Department of Molecular Medicine, University of Padova, Via Falloppio 50, 35121 Padova, Italy
| | - Pamela Tozzo
- Department of Molecular Medicine, University of Padova, Via Falloppio 50, 35121 Padova, Italy.
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