Criminal Cassation: Sentence No. 9447 of 2019 and the Case of Involuntary Manslaughter in Obstetrics
The sentence no. 9447 of March 5, 2019, of the Court of Cassation represents an important precedent in the field of medical liability, particularly in obstetrics. The case in question involves the conviction of a gynecologist for involuntary manslaughter due to negligence during the monitoring of a parturient, whose fetus died due to acute placental insufficiency. This decision provides points for reflection on professional responsibility and the importance of health guidelines.
The Case and the Court's Decision
The Court of Appeal of Turin had upheld the conviction of the doctor A.E. for involuntary manslaughter, deeming her responsible for failing to adequately monitor the pregnancy of the patient, who presented significant risk factors. The court emphasized that A.'s conduct was characterized by grave negligence, as she had not adhered to the guidelines of the National Agency for Health Services (Age.Na.S.).
The Court highlighted that the correct reading of the cardiotocographic tracings would have allowed for timely intervention and averted the fatal event.
The Guidelines and the Role of the Professional
A central aspect of the ruling is the reference to the guidelines that establish how to manage high-risk pregnancy situations. It emerged that A. did not perform continuous monitoring, despite signs of fetal distress. This led the Court to reiterate the importance of training and continuous updating for healthcare professionals, in order to ensure patient safety.
- Relevance of guidelines in clinical practice.
- Obligation to monitor in case of complications.
- Legal consequences of professional negligence.
Conclusions
Sentence no. 9447 of 2019 highlights the need for adequate preparation and vigilance on the part of healthcare professionals, emphasizing how the violation of guidelines can lead to serious legal and moral consequences. The case of A.E. serves as a warning for all doctors to always operate in full compliance with established norms and clinical practices, to safeguard the life and health of patients and their children.
