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Minerva Medicolegale 2005 December;125(4):233-44

language: Italian

The professional responsability of sanitary in the light of the sentence Penal Cassation Sez. IV, 3-10-2002, n. 38334. Juridical evolution in theme of medical guilt

Arcangeli M., Durante C., Nardecchia E.


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The authors based on a recent sentence of the Court, have evaluated as the legal foundation of professional liability toward the patient is on to answer for damages to others in penal session, with restriction acts of freedom, in civil session with compensation, and deontological with disciplinary acts. In the order to professional liability the required conditions are: the evidence of damage, the causal relation between behaviour and event, the evidence of professional guilty that made doesn't justifiable the professional error, and besides, the evidence this behaviour caused the damage, so that in other way would have avoided it.

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