Last week, the Florence civil court of appeal ordered Pisa University Hospital (AOUP) to pay 47,000 euros (approximately 1,4 billion VND) to the plaintiff, Daniela Montesi, 65, for severe medical errors.
The appeal hearing was initiated by Montesi, who argued that the 26,000 euro compensation from the lower court was insufficient for the emotional and physical damage she endured.
The ordeal began in 2006 when Montesi went to Volterra Hospital for orthopedic surgery. Pre-admission tests revealed an abnormally high white blood cell count. Consequently, the surgery was postponed, and the results were sent to AOUP's hematology department for specialized examination.
In 9/2006, after bone marrow and intestinal biopsies, she was diagnosed with end-stage intestinal lymphoma.
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A building of Cisanello Hospital in Pisa, part of Azienda Ospedaliero Universitaria Pisana (AOUP). *Photo: Il Tirreno* |
From 1/2007, Montesi underwent a series of treatments including chemotherapy, cortisone, and steroids, which continued until 5/2011. That month, a new biopsy performed in Genoa revealed she had no cancer, of any kind.
This meant that for 4 years, she was a victim of medical error. The treatments caused hormonal imbalance, multiple bone fractures, and necessitated a coccygectomy (removal of the tailbone).
Throughout the treatment period, she was almost entirely out of work, and her driver's license was revoked as she was deemed unfit to drive.
After unsuccessful out-of-court settlements, she sued AOUP.
AOUP defended itself by citing the complexity of the case and the diagnostic challenges, as well as the appropriateness of the treatments administered.
However, according to the lower court, there was no basis for applying those treatments.
During the appeal hearing, the judges reassessed the permanent disability level at 60%, up from the initial ruling's 40%. Furthermore, "personalization of damages" was recognized due to the disruptions the plaintiff suffered not only psychologically but also in her daily life.
"My immune system has been destroyed by these mistaken, useless, and harmful treatments. I really wanted to be present before the judges of the Court of Appeal to show them my condition, to make them understand the suffering I have endured," she told La Stampa.
"I feel like a broken woman; unfortunately, there is no way for me to find peace, even after the compensation ruling. What does this additional money mean if there's still no way to help me feel better?" she said sorrowfully after the trial.
By Hai Thu (According to La Stampa, Vanity Fair, Il Tirreno)
