The discharge of patients from hospitals should be decided only on the basis of assessments of "medical" and not according to economic criteria in the guidelines of these health facilities to contain health care costs. And 'as determined by the Supreme Court that overturned the acquittal of a doctor from the charge of manslaughter of a patient discharged, according to the guidelines, after 9 days of open heart surgery. To get rid of any responsibility, a doctor is not enough, then, to say that he "scrupulously adhered to the guidelines" provided for professionals. The case was born
Hospital of Busto Arsizio, near Milan. Dr. Robert G. the patient was discharged Romildo B. after a hospitalization nine days after surgery of anterior artery angioplasty to treat a myocardial infarction extended. A few hours after Mr. Romildo was dead. The doctor had been called to answer for manslaughter for hasty resignation. The legal expertise had established that if the man had not been discharged, would have survived the rapids that he would receive treatment in the ward.
At first instance the doctor who signed the resignation was sentenced to 8 months imprisonment and to pay moral damages to the families. On appeal, however, was acquitted "because the offense is not" because the doctor had followed the guidelines on the subject of resignation. Thesis is not shared by the Supreme Court which upheld the claim of attorney and family members.
Per I supremi giudici le linee guida non sono chiare, non si conosce nulla dei loro contenuti, nè da quale autorità provengano, e neppure di quale sia il loro livello di scientificità. I togati dubitano che non siano altro che "uno strumento per garantire l'economicitàdella gestione della struttura ospedaliera". "A nessuno - prosegue la Cassazione - è consentito di anteporre la logica economica alla logica della tutela della salute".
I giudici ricordano poi ai medici che prima di tutto devono rispondere al loro codice deontologico in base al quale hanno il dovere "di anteporre la salute del malato a qualsiasi altra diversa esigenza". Quindi non sono tenuti "al rispetto di quelle direttive laddove esse siano in contrasto with the demands of patient care, and can not go free from blame if they leave if condition, giving up their goals and degrading its professionalism and its mission in accountancy.
Now for the hasty resignation of the doctor opens a new trial. Judges should also enter into the details of a patient who, besides being struck by a heart attack, also had a clinical picture that counseled caution, as were smokers and obese. perhaps even to be considered for the guidelines.
SOURCE: Tgcom.it
