An initial hearing will take place in Rome on 19 September for the three radiologists and one cardiologist who are being prosecuted for manslaughter, according to reports in the Italian media.
Radiologists Prof. Gianfranco Gualdi, Dr. Claudio Di Biasi, Dr. Maria Chiara Colaiacomo, and the cardiologist Prof. Guido Laudani – all of whom work at La Sapienza University Hospital – are to stand trial for the care they gave to the well-known investigative journalist Andrea Purgatori, who died of infectious endocarditis.
Founded in 1303, La Sapienza is one of the world's oldest universities. Human and clinical anatomy is one of its specialist areas.
According to an article posted on 18 March by Corriere della Sera, a daily newspaper published in Milan, “The doubts of the prosecutor Giorgio Orano remain despite the substantial reports filed by the defense in recent months, and therefore the indictment of the suspects who 'in cooperation with each other' caused 'with negligent conduct the death of Andrea Purgatori' which occurred at the Umberto I Polyclinic on July 19, 2023 has been requested.”
Purgatori's family, assisted by the lawyer Alessandro Gentiloni Silverj, say they are confident about achieving justice, noted Corriere della Sera, for whom Purgatori used to work.
“The Prosecutor's Office in Rome has requested the indictment of the four doctors who .... are charged with manslaughter,” stated an article published on 18 March by Il Massagero, a daily newspaper in Rome.
The fact that Purgatori was a famous person adds significant pressure for all parties involved, a source told AuntMinnieEurope.com on 19 March. "For someone unfamiliar with the Italian justice system, it may be difficult to understand why the first hearing will take place in six months — this is definitely too long, especially for healthcare professionals whose reputations might be damaged before the judge has even assessed whether malpractice occurred."
The source added: "I read the news, and it appears that there was not only a misdiagnosis but also an attempt by the radiologists involved to push for a change in therapy. It is impossible for me to determine whether this was a case of malpractice or simply an incorrect diagnosis in a complex case."
Under Italian Law, the crime of murder is regulated by Article 575 of the Italian Criminal Code, according to VGS Family Lawyers, an Italian law firm specialized in providing legal assistance and advice to English-speaking clients.
“Manslaughter occurs when death is caused by fault, i.e., when death is not intended but has occurred due to negligence, imprudence, or malpractice. In this case, the offender did not want to commit a murder, but he did, because of his fault,” VGS states on its website. “In this situation, the offender is generally punished by imprisonment from six months to five years, with the possibility of increasing the penalty, when certain circumstances take place.”
Claims and counterclaims
As AuntMinnieEurope.com reported in an article posted on 17 December 2024, the Public Prosecutor’s Office has accused the four doctors of “incompetence, negligence, and imprudence” in the care of Andrea Purgatori. The prosecutor’s investigation found that the neuroradiologists did not correctly report the MRI examination conducted on 8 May 2023. They gave a clear diagnosis of brain metastases, which in reality never existed, and they failed to mention the possibility that the described anomalies could be attributed to ischemic lesions, the prosecutor claims.
Di Biasi is reportedly accused of falsifying medical records to conceal diagnostic errors. To hide the error, he insisted on the “nonexistent metastases.” Laudani failed to set up a correct diagnostic path that would allow the causes of the ischemia to be identified, according to the prosecutor’s report.
The accused physicians’ lawyers maintain their clients’ innocence, citing adherence to medical standards, noted an article posted on 9 December 2024 by Il Messaggero. Laudani's lawyer, Nicola Madia, reportedly said: “Purgatori died due to the natural complications of a very serious lung tumor with metastases. My client operated in compliance with good practices.” Fabio Lattanzi, the lawyer who acts for Di Biasi and Colaiacomo, stated: “The fact remains that the proceedings will end with an acquittal. The examination of the experts and their answers determine the certainty that my clients have no responsibility.”
Further accusations
The Public Prosecutor’s Office claims that following the misreporting of the MRI scan, Gualdi had a subsequent conversation with the patient and his family, as well as with the other healthcare workers involved, in which he “forcefully represented ... the need to start Purgatori on immediate radiotherapy treatments to address the serious and priority brain metastatic emergency,” Corriere della Sera reported on 18 March.
This “debilitating and harmful therapy” shortened the patient’s life by creating a diversion from the appropriate diagnosis of “ischemic lesions,” the cause of which “would have been necessary to investigate without delay,” the article pointed out.
