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A Journal on Forensic Medicine
Minerva Medicolegale 2016 December;136(3-4):46-56
Future perspectives of medical professional liability: the innovations in the law currently under debate in the senate
Rocco V. VIOLA, Raffaele LA RUSSA, Michela CIMAROLI, Alessandro MARIANI, Mariantonia DI SANZO, Paola FRATI
Dipartimento di Scienze Anatomiche, Istologiche, Medico Legali e dell’Apparato Locomotore, Università “Sapienza”, Roma, Italy
On January 25, 2016, after receiving the favorable opinions of the Parliamentary Committees, the unified text of the proposed law on the “Measures in the area of professional liability of health personnel” was presented to the Chamber of Deputies by the rapporteur himself, Federico Gelli, Democratic Party appointee for healthcare and member of the Social Affairs Committee. On January 28th, the law was approved. The aim of this action is to ensure the safety of cures as a constitutive part of the right to health through two key points: to increase the guarantees and protections for the healthcare professionals and, at the same time, to ensure that patients receive compensation in short time for any damage suffered. Therefore, it is not an action in favor of the professionals but it is a measure that aims at finding a new balance in the relationship between doctor and patient. Furthermore, the goal of this action is to solve two of the thorniest problems in healthcare: the amount of the medical malpractice litigation, which causes a substantial increase in the cost of the insurance for the healthcare facilities and the professionals, and the phenomenon of the defensive medicine, which produces an inappropriate use of the resources of the public healthcare system.