LA RESPONSABILITÀ SANITARIA AI TEMPI DELLA PANDEMIA

The essay evaluates the state of the art of medical malpractice liability, as it evolved until the judgments of the Court of Cassation dated 11 November 2019. It also addresses how and to what extent medical malpractice liability has been affected by the pandemic phenomenon. It suggests that it is preferable to complete the reform plan which makes difference between the medical malpractice negligence and the hospital organizational liability. The A. does not recommend the introduction of new rules, but at the same time he peruses the necessity to adopt national barème on macro personal injuries, as provided for by Article 138 of the Italian Insurance Code.