Attenzione, infermieri chiamati a risarcire.

Art. 1218 of the Civil Code: the debtor who does not exactly fulfill the required obligation is liable for damages. Compensation does not consist in the damage caused to others (art. 2043 c.c.), but in the non-fulfillment of the required obligation. 

In Palermo doctor and nurse convicted for an incorrect prescription and administration of a drug that led the two professionals to prison plus compensation of two million euros. 

In Rome a nurse was ordered to pay thousands of euros in compensation because he did not immediately call the doctor (we all know that there is a world of difference between saying and doing). 

Latest ruling (published on Studio Cataldi) says that the intent to inflict suffering is not necessary to incur the crime of mistreatment, but it is enough for the nurse to have a brusque and hasty, repetitive and harassing conduct. 

This ruling will be a goldmine for all those law firms dealing with so-called: medical malpractice. In our opinion, it is not the same thing to talk about malpractice or about a colleague exposed to error by the system, by events, by staff shortages. In 20 years of practice, I have never seen a colleague not in a hurry during their shift; not hurrying meant and means leaving more work for the next colleague. 

When a call bell is not answered in time, does no one ask questions? Is the support staff sufficient? Or is it that the nurse is dealing with an emergency? Maybe they are performing a cardiac massage with the doctor or treating a patient who is bleeding from a wound, or placing a self-removed urinary catheter, or simply re-positioning a peripheral venous catheter, which in some patients is not so simple.

Before the covid-19 emergency, the trend of complaints against healthcare workers in both public and private facilities was sharply increasing, with about 300,000 pending cases, increasing by 30-35,000 per year, so much so that a law had to be made mandatory as early as July 2014.

But only in 2017, with the Gelli Law 24/2017 Provisions regarding the safety of care and the assisted person as well as the professional liability of healthcare professionals, it was made mandatory for employees of public facilities to have insurance for gross negligence (which covers lack of prudence, diligence, and expertise).

With the arrival of Covid-19 we are witnessing, but it is only the tip of the iceberg, an increase in complaints, reports, and filings with the prosecutor's office never seen before.
Exploitation? The vast majority of outcomes are in favor of healthcare workers. But there are many rulings that find the nurse guilty and they are sharply increasing.

One more reason to defend ourselves with all the tools we have at our disposal.

Many do not care, with what spirit of sacrifice nurses have fought, even without PPE or with inadequate PPE, againstthe greatest pandemic of the century, with scarce resources, without all the specific knowledge, in the utmost disorganization and confusion on the part of many companies, large or small.

An excess of litigation that with the arrival of covid-19 was expected to decrease towards the heroes.

We were wrong, the wave of reports, complaints, and litigation will come after covid-19, get ready.

The writer, an old nurse, suggests you get coverage not only for gross negligence and towards third parties but also civil and criminal legal coverage, do it with whoever you want, but do not be left without coverage, our small salary does not allow for such a luxury, you could find yourself paying, compensating, more than you could save in 30 years of work.

Not all colleagues, apart from doctors and midwives, have yet realized the risk of not having the right coverage.
Not to be underestimated is also reimbursement for any expenses incurred to restore your reputation.

Remember that the press is always ready to massacre healthcare workers, it makes news, especially going against nurses, even when the facts have not yet been fully established by the judiciary, even where there are no nurses, confused with caregivers, private assistance, even mentioned in facilities where the role of the nurse is not foreseen.

What could happen to a colleague without coverage, called by their company or by a lawyer?
Surely you will be forced to pay out of your own pocket any legal, procedural, and compensation expenses (where applicable), but you will also face a disciplinary commission both on behalf of the professional order and your own company, since you did not comply with the legal obligation.

The vast majority of rulings end in our favor, but lawyers are expensive and want to be paid. Often you are informed after about two years, when the colleague will hardly remember the details or the patient, as some colleagues write to us (we attach a letter from a colleague).

LapaginadiNursingUp (for advice or personal opinions that do not intend to replace your union or legal representative, or simply if you want to send us your story, experience, work: lapaginadinursingup@yahoo.com)