La responsabilità penale da derelizione di corpo estraneo in sito chirurgico

The authors focus on the liability of the surgery team members in the case they inadvertently forget behind in the patient's body a foreign abject, which causes injuries and/or death. The authors underline that, according to the current case law regarding medical malproactice, both the main surgeon and their assistant/subordinate are liable for engaging in a markedly imprudent and/or negligent conduct, such as not double-checking scrupulously the surgical site before its closure in order to highlight forgotten foreign bodies. As well, the authors underline that either the circulator nurse or the theatre nurse can be considered punishable by law when that medical error occurs, even if they a…