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A Journal on Forensic Medicine
Minerva Medicolegale 2015 June;135(1-2):11-6
Medical liability and law Balduzzi: something new
Dipartimento di Giurisprudenza, Università degli Studi di Torino, Torino, Italia
This paper aims to investigate the progress in terms of civil liability as a result of the contribution by Law no. 189/2012. The legal questions submitted to the reader are two: the question of the hospital’s civil liability, that is whether it should be a public or private structure, and the question on the civil liability of health professionals (doctors, nurses, paramedics and technicians). The aim is to provide a comprehensive review of the case law and literature in Italian civil medical liability. Italian case law now states that the liability of the hospitals facility in case of medical malpractice is contractual. However, it is still debatable the identification of the type of liability attributable to the health care professional who caused harm to the patient. On this point, the Law N. 189/2012 intervened; the Italian Parliament inserted the reference to the Article 2043 of the Civil Code in the first subsection of Article N. 3.m For this reason, the law and the related literature appear today as divided between those who assert that the doctor answers for the damage caused to the patient based on his/her contractual obligations, and those who, conversely, consider still the theory of social contact as insurmountable valid.