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A Journal on Forensic Medicine
Minerva Medicolegale 2006 March;126(1):73-9
Vaccinations. Legislation, damage, compensation
Dipartimento di Anatomia Farmacologia e Medicina Legale Università degli Studi di Torino, Torino
In the so-called developed countries, endemic microbic pathologies could easily be controlled by vaccinations and improved personal hygiene and eating habits. Regarding the mythology of vaccinations there exist contrasting opinions that go back in time, hence the origin of the idea of vaccine damage according to Clinical Medicine, according to the Law and according to Legal Medicine. Legal Medicine has already looked at the obligatory nature of vaccinations in pediatric and adult age, at sanctions for a minor’s tutor in the case of unfulfilment, at the European situation, at the profiles of responsibility for the physician delivering the vaccine, the health assistant and the sanitary institution. After the passing of law 210/1992, the discussion turned to the problem of consensus with respect to obligatory vaccination, to the legal medical deficiencies of the law, to observations of an ethical nature: regarding these latter today there is a transition phase from the obligation of the start of the 20th century to the motivated and informed adhesion recommended for the future multiethnic Europe. Analysis of damage verification procedures on the part of the State leads to a proposal as to how to assess permanent biological damage in the most frequent injuries.