Related Experiment Video
Updated: Jul 9, 2026
06:13
Endoscopic Septoplasty with Limited Two-line Resection: Minimally Invasive Surgery for Septal Deviation
Published on: June 20, 2018
A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery
P Voultsos1, M Casini2, G Ricci3
1Laboratory of Forensic Medicine & Toxicology, School of Medicine, Aristotle University of Thessaloniki, Greece.
Summary
This study suggests limiting surgeon criminal liability for high-risk endoscopic sinus surgery (ESS). It argues that complications can occur despite surgeon skill, supporting legal reforms like Italy's Balduzzi Law.
Area of Science:
- Medical Law
- Surgical Risk Management
- Otolaryngology
Background:
- Endoscopic sinus surgery (ESS) involves high accuracy and risk.
- Inaccurate surgical maneuvers can lead to serious complications.
- Existing legal frameworks may not adequately address ESS-specific risks.
Purpose of the Study:
- Propose legal reform to limit surgeon criminal liability in ESS.
- Examine reasons for high complication rates in ESS.
- Analyze British and Italian legal theories on medical negligence.
Main Methods:
- Literature review of medical studies on ESS complications.
- Analysis of British and Italian legal principles and case law.
- Focus on Italian Law 189/2012 (Balduzzi Law).
Main Results:
- Serious complications in ESS can occur irrespective of surgeon skill or diligence.
- Subjectivity is crucial in assessing medical negligence for high-accuracy surgery.
- Italian Law 189/2012 provides a foundation for limiting liability in ESS.
Conclusions:
- ESS surgeons should have reduced criminal liability for simple negligence when guidelines are followed.
- Legal reform is needed to account for inherent risks in complex procedures like ESS.
- Emphasis on subjective factors in negligence claims is essential for high-accuracy surgery.
