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Original Research

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Fear of the COVID-19 and medical liability. Insights from a series of 130 consecutives medico-legal claims evaluated in a single institution during SARS-CoV-2-related pandemic

  • Matteo Nioi1,†
  • Pietro Emanuele Napoli2,†
  • Gabriele Finco3
  • Roberto Demontis1
  • Maurizio Fossarello2
  • Ernesto d'Aloja1

1Department of Clinical Sciences and Public Health, University of Cagliari, Forensic Medicine Unit, 09124 Cagliari, Italy

2Department of Surgical Science, University of Cagliari, Eye Clinic, 09124 Cagliari, Italy

3Department of Clinical Sciences and Public Health, University of Cagliari, Anesthesiology Unit, 09124 Cagliari, Italy

DOI: 10.22514/sv.2021.098 Vol.17,Issue 4,July 2021 pp.79-85

Submitted: 28 March 2021 Accepted: 14 May 2021

Published: 08 July 2021

*Corresponding Author(s): Matteo Nioi E-mail:

† These authors contributed equally.


Objectives: The aim of the current work was to evaluate the frequency and the type of cases of medical liability from a single center in the first ten months of the pandemic as well as to identify critical issues associated with the organization of public health during the coronavirus disease 2019 pandemic.

Methods: We compared 130 cases evaluated for medical liability from March 2020 to January 2021 and compared with 159 cases from March 2019 to January 2020. The cases were divided in four pre-established groups: surgical error, diagnostic/therapeutic errors and nosocomial diseases, delays, and problems related to assistance.

Results: Analysis showed a significant increase in cases due to delay in treat-ment/hospitalization and shortages in health care of non-autonomous patients [χ2 (1, N = 289) = 5.6746, p = 0.02].

Conclusions: The work showed an increase in medical/legal cases regarding non-COVID-19 emergencies in which the outcome is related to the time of treatment and/or arrival at the hospital. There was also a rise in complaints of deficits in supervision and care for non-autonomous patients. Despite the persistence of preventive measures for the current pandemic, measures should be taken to improve health care in these categories of patients.


COVID-19; COVID-19 and medical liability; Medico-legal claims; COVID-19 and forensic pathology; COVID-19 penal shield; COVID-19 risk management; COVID-19 and triage; COVID-19 delay; Surgical error; medical error; Lockdown effects; COVID-19 fragile patients; COVID-19 mental health; COVID-19 childbirth; SARS-Cov-2

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Matteo Nioi,Pietro Emanuele Napoli,Gabriele Finco,Roberto Demontis,Maurizio Fossarello,Ernesto d'Aloja. Fear of the COVID-19 and medical liability. Insights from a series of 130 consecutives medico-legal claims evaluated in a single institution during SARS-CoV-2-related pandemic. Signa Vitae. 2021. 17(4);79-85.


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