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MEDICINA DELLO SPORT
A Journal on Sports Medicine
Official Journal of the Italian Sports Medicine Federation
Indexed/Abstracted in: BIOSIS Previews, EMBASE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 0,163
Medicina dello Sport 2007 June;60(2):189-202
Professional liability of the sport doctor
De Ferrari F., Verzeletti A.
Cattedra di Medicina Legale, Università degli Studi di Brescia, Brescia, Italia
The Authors, in the light of the disposed legislative article that finalizes the health care of the citizen that practises sport activities, take in consideration some peculiar aspects of professional liability of the doctor specialized in sport medicine. In particular, within the certifications of competence, the profiles of responsability could emerge in terms of generic fault as much as specific fault. On the bases of this last aspect, preciously in the light of the current regulations, the profiles of responsability for omission of the verifications expressed by the regulation, as well as of those considered worthy of esecution in front of a motivated clinical suspiscion, can result as firm and immediate. The certification of competence is also full of remarkable implications for itself, even in the light of the juridical qualification of the doctor responsable for the verifications, that could bring forth the hypothesis for the crime of falsity in material or in ideological or in public documents. Even for the sport society doctor it has been proposed profiles of responsability especially tied to the obligation of health suveillance for the athletes that has been put under his charge. Another aspect worth of attention is the information that is transmitted to the citizen, with particular reguard to minors, as well as the problem of doping, with the juridical-deontological limitations that sees in the defence of the athlete’s health the limits of the actions of the doctor specialized in sport medicine.