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ORIGINAL RESEARCH article

Front. Med.
Sec. Regulatory Science
Volume 11 - 2024 | doi: 10.3389/fmed.2024.1430625
This article is part of the Research Topic Errors and Biases in Modern Healthcare: Public Health, Medico-legal and Risk Management Aspects View all articles

Medico-legal management of healthcare-associated infections: a cost-effectiveness analysis in an Italian tertiary hospital

Provisionally accepted
Simone Grassi Simone Grassi 1Maddalena Grazzini Maddalena Grazzini 2Marta Guerini Marta Guerini 1Giorgio Bertana Giorgio Bertana 1Linda Pompeo Linda Pompeo 1Diana Paolini Diana Paolini 2Fabrizio Niccolini Fabrizio Niccolini 2Martina Focardi Martina Focardi 1*Vilma Pinchi Vilma Pinchi 1
  • 1 University of Florence, Florence, Italy
  • 2 Careggi University Hospital, Florence, Tuscany, Italy

The final, formatted version of the article will be published soon.

    Introduction: Healthcare-associated infections are the main reported adverse event in healthcare, with significant economic costs, that include those caused by medical malpractice claims. In Italy, there is a fault-based compensation system but in this specific field the burden of proof on the hospitals is particularly heavy. Hence, we aimed to verify the economic impact of the inclusion of experts in hospital infections surveillance into internal committees for claims assessment and to evaluate what would have been the economic impact of a mandatory no-fault system rather than the current system.Materials and methods: we compared two four-year periods (T1: 2015-2018 and T2: 2019-2022), investigating the medical malpractice claims related to healthcare-associated infections in a large tertiary public hospital in Florence, Italy. Decisions of internal committee, evolutions of the claims after decision, and conclusions of the claims were registered. No-fault system simulations were used to evaluate the cost-effectiveness of the model.: we observed a decrease in the number of claims after the implementation of infection prevention and control (IPC) experts into the committee (24% decrease in rejections, 19% increase in admissions). We found a 6.806,98 euros difference (not statistically significant) in compensations in T1 and T2. Moreover, our simulations found that a no-fault compensation systemif alternative to the traditional fault-based approachcould lead to gains or losses for the plaintiffs depending on the approach chosen (we observed a 52% mean decrease in compensations with a 150.000 euros maximal indemnity and a 134% mean increase with an indemnity tailored considering also life expectancy).Discussion: introducing experts in IPC into hospital committees for the medico-legal claims management proved to be cost-effective, as a no-fault compensation system alternative to the traditional fault-based approach with a properly evaluated maximal indemnity. Since the limitations of our models, multicentric studies to verify our results are recommended.

    Keywords: Healthcare-associated infections, HAI, Medical malpractice claims, Medical malpractice, legal medicine

    Received: 10 May 2024; Accepted: 09 Jul 2024.

    Copyright: © 2024 Grassi, Grazzini, Guerini, Bertana, Pompeo, Paolini, Niccolini, Focardi and Pinchi. This is an open-access article distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction in other forums is permitted, provided the original author(s) or licensor are credited and that the original publication in this journal is cited, in accordance with accepted academic practice. No use, distribution or reproduction is permitted which does not comply with these terms.

    * Correspondence: Martina Focardi, University of Florence, Florence, Italy

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