The Italian legal system has been for many years at the forefront of the patients’ protection from medical malpractice. This has led medical practitioners to engage in defensive medicine, in order to compensate for their overexposure to legal disputes. From 2012, the Italian legislator has tried to lighten the practitioners’ criminal liability, by emending in their favour the discipline concerning negligence. These amendments have though raised several critical issues, in particular in the reference they make to the ambiguous parameter of medical guidelines; indeed, the respect of the guidelines is now a necessary condition for the application of such favourable discipline.
Stefano Canestrari (2017). Criminal Liability in a Medical Context: the Italian Law’s Approach. Clermont-Ferrand : Institut Universitaire Varenne.
Criminal Liability in a Medical Context: the Italian Law’s Approach
Stefano Canestrari
2017
Abstract
The Italian legal system has been for many years at the forefront of the patients’ protection from medical malpractice. This has led medical practitioners to engage in defensive medicine, in order to compensate for their overexposure to legal disputes. From 2012, the Italian legislator has tried to lighten the practitioners’ criminal liability, by emending in their favour the discipline concerning negligence. These amendments have though raised several critical issues, in particular in the reference they make to the ambiguous parameter of medical guidelines; indeed, the respect of the guidelines is now a necessary condition for the application of such favourable discipline.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
