Il regime delle azioni di rivalsa civile e amministrativa nell’ambito della responsabilità sanitaria. Considerazioni a margine della più recente riforma

The article aims at analyzing the most recent legislative reform of the medical liability with the purpose of assessing if, in case of medical offences occurred in public hospitals, the law no. 24/2017 ensures a wider protection to the doctor involved in the malpractice event. Once explained the reasons in support of the “double track” between the civil and the accounting jurisdiction, the article focuses on the new regulation of the civil and administrative recourse actions. In particular, the study is developed in the belief that the most relevant feature of the reform is the implicit duty of the hospital to involve the doctor in the litigation since the very beginning. Furthermore, the article provides some concluding remarks linked to the issue of the “double track of jurisdiction”, in order to understand if and to what extent the public hospital is entitled to bring an action against the doctor for the damages caused to its image.