Medical error disclosure in the Italian healthcare context: A delicate balance between ethical obligations and the principle of non-self-incrimination |
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| Affiliation: | 1. Section of Legal Medicine, School of Law, University of Camerino, Camerino, Italy;2. Section of Legal Medicine, Department of Diagnostics and Public Health, University of Verona, Verona, Italy;1. Ingham Institute for Applied Medical Research, Liverpool, NSW 2170, Australia;2. South West Sydney Clinical Campuses, UNSW Medicine and Health, University of New South Wales, Sydney, NSW 2052, Australia;3. South Western Sydney Local Health District, NSW, Australia;4. Illawarra Shoalhaven Local Health District, NSW, Australia;1. Center for Connected Care, Thomas Jefferson University, Philadelphia, USA;2. Department of Emergency Medicine, Sidney Kimmel Medical College, Thomas Jefferson University, Philadelphia, USA;3. Department of Medicine, Northwestern University, Chicago, USA;4. Research Division of General Internal Medicine and Geriatrics, Northwestern University, Chicago, USA;5. Department of Medical Education, Feinberg School of Medicine, Northwestern University, Chicago, USA;6. Department of Emergency Medicine, Feinberg School of Medicine, Northwestern University, Chicago, USA;1. Corporate Member of Freie Universität Berlin, Humboldt-Universität zu Berlin, and Berlin Institute of Health, Institute of Public Health, Charité – Universitätsmedizin Berlin, Berlin, Germany;2. University of Education Freiburg, Department of Public Health and Health Education, Germany;3. Beuth University of Applied Sciences, Berlin, Germany;4. Institute of Social Medicine and Epidemiology, Brandenburg Medical School Theodor Fontane, Brandenburg an der Havel, Germany;1. Maastricht University, Department of Family Medicine, Care and Public Health Research Institute, Faculty of Health, Medicine and Life Sciences, Maastricht, The Netherlands;2. Maastricht University, Department of Educational Development and Research, School of Health Professions Education, Faculty of Health, Medicine and Life Sciences, Maastricht, The Netherlands;3. RCSI University of Medicine and Health Sciences, Health Professions Education Centre, Dublin, Ireland;1. Dept. of Population Health Sciences, Division of Health Informatics, Weill Cornell Medical College, New York, NY, USA;2. Department of Pediatrics, Weill Cornell Medical College, New York, NY, USA;3. Department of Biomedical Informatics, Columbia University, New York, NY, USA;4. Weill Cornell Medicine Samuel J Wood Library, New York, NY, USA;5. Department of Biomedical Informatics, Vanderbilt University Medical Center, Nashville, TN, USA;1. University of Kansas School of Medicine, Department of Population Health, Kansas City, KS USA;2. University of Kansas School of Nursing, Kansas City, KS USA |
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| Abstract: | Surprisingly, Italian legal doctrine and jurisprudence never systematically address the medical error disclosure issue. The topic of medical error communication represents a non-negligible profile of interest, relating to the possible detrimental effects on doctors who accuse themselves of conduct that does not comply with the lex artis. The effects of error disclosure on the effectiveness of insurance guarantees in civil and administrative liability are particularly relevant, as are the implications for ethical liability. Although the burden of reporting an error falls within the wide range of informative duties doctors hold, it still seems far from having found a factual statement in clinical practice, especially in Italy. This applies whether the error has a marginal or significant impact on the patient’s health. The reasons lay in a very contradictory legal framework. Doctors tend with increasing ease not to comply with their information obligation – especially in cases where fulfilling this duty means admitting a personal, professional error – to preserve the integrity of their professional images. This article aims to offer a brief overview of that topic in the context of Italian healthcare. |
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| Keywords: | Error disclosure Medical education Medical error Medical liability Patient safety |
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