Bolzano – A new legal process has begun in the case of the death of Domenico, the baby who died last February in Naples following an unsuccessful heart transplant. The Bolzano Regional Administrative Court (TAR) has ordered the South Tyrol Health Authority to submit, within fifteen days, the data necessary to identify the parties involved in the appeal for access to medical records.
The decision follows the South Tyrolean Local Health Authority's denial of a request for access to certain documents deemed crucial. The requested documents include the protocols for determining brain death, organ and tissue procurement records, as well as information on the operating room's technological equipment and personnel present during the procedure.
The Health Authority rejected the request, citing ongoing criminal investigations, the lack of a direct defensive interest, and the need to protect sensitive data relating to third parties.
The Administrative Court, however, clarified that these very individuals, as "interested parties," must be given the opportunity to exercise their rights to privacy.
At the same time, the judges emphasized that the ASL's failure to notify the request in advance cannot be held liable by the appellant, thus hindering the identification of the parties to be involved in the proceedings.
For this reason, the adversarial hearing was ordered, with the consequent postponement of the hearing in chambers until December 15th.
Chronicles of Campania
Domenico's case: video of the operating room and mother Patrizia meeting Pope Leo included in the documents.
The Naples Prosecutor's Office has uncovered documents from the investigation into the death of Domenico Caliendo, the two-year-old boy who died after a…
The story seems complex and sad to me, but I don't quite understand why they failed to disclose the documents first; the judges should probably clarify the cases and responsibilities, but instead there seems to be too much exchange of responsibilities, leaving people confused and without clear answers.