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Online ISSN 1827-1677
Vasapollo D., Pieraccini L., Zanotti S.
Sezione di Medicina Legale, Dipartimento di Medicina e Sanità Pubblica, Università di Bologna, Bologna, Italy
Considered the tumultuous development of the medical knowledge’s and the increased use of biotechnology for diagnostics and research, the authors face the delicate problem of infection by hepatitis C virus consequent to blood transfusions, because this subject deserves a deep attention within the legal medicine field. The inconvenience of the therapy with interferon, used in order to gain a greater epidemiological, clinical and medical legal awareness of these adverse events, is also taken into consideration. Chronic hepatitis respondent to the drug therapy, its nosographic definition and the evaluation of issues related to this disease have been discussed in details. Furthermore, the methods used for viral inactivation, even before the detection of hepatitis C virus, given the epidemiological trend coincidence between HIV and non A non B hepatitis virus, and the way of virus dissemination are also taken into consideration. Finally, authors analyze the legislature pertaining to this matter and focus, in particular, on the recent decisions of the Supreme Court of Appeal (n. 581 January 11, 2008), in which it is asserted, among other things, that the responsibility of the Ministry for the contagion of the HIV and HCV viruses begins from the date of knowledge of hepatitis B overcome, since these are not autonomous and different events, but only different forms of pathogenic manifestations of the same adverse event, that damages human physical integrity through viruses carried by blood infection. According to the Supreme Court the Ministry had to control the blood used in transfusions, as this is mandatory.