A medico-legal analysis of litigation in cardiology and cardiac surgery: An 11-year case series and comparison of out-of-court resolution and legal proceedings

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Authors: Alessandra Zappi, Rosario Barranco, Isabella Caristo, Francesco Ventura
Cited by: 0
References: 15

Abstract

Recent decades have been characterized by an exponential increase in medico-legal litigation and an accentuated interest in healthcare responsibility. This study aims to examine cases of alleged medical negligence in Cardiology and Cardiac Surgery in one of the largest hospitals in north-west Italy, over a 11-year period (2013-2023). The primary objective of this study is to conduct a comparative analysis between compensation claims initially advanced by patients (or their legal representatives) in the pre-trial phase and the final outcomes of legal proceedings brought before the court. This article provides an important opportunity for a critical and in-depth analysis of litigation in the fields of cardiology and cardiac surgery, with the aim of improving the efficiency of case management.In the period 2013-2023, San Martino Polyclinic Hospital received a total of 1704 compensation claims, of which 39 (2.29%) were related to alleged cardiological and cardiosurgical professional liabilities. About 64.10% of the compensation claims (25 out of 39) were deemed illegitimate due to the absence of professional responsibility, and were therefore rejected by the Claims Management Committee (CMC). In 38.5% of cases, legal action was pursued, and in four cases, the hospital was ordered to compensate the patient for medical negligence. Conversely, in three cases, the Judge's ruling was in favour of the Hospital. Currently, eight legal actions remain ongoing, and their outcomes are pending.Overall, over the 11-year study period, litigation cases in the cardiology and cardiac surgery fields were relatively infrequent.

Fields of Study & Subjects

Medical Malpractice and Liability Issues Medical and Health Sciences Research Comparative International Legal Studies

Publication details

Journal / source
Medicine Science and the Law
Pages
258024261419614–258024261419614
Publication date
4 February 2026
Language
EN