EconPapers    
Economics at your fingertips  
 

The criminal liability of the medical team considering the recent orientation of the Italian Court of Cassation

Emanuela Furramani and Rrezart Bushati

Academicus International Scientific Journal, 2022, issue 25, 214-225

Abstract: This article aims to analyze the thematic of medical team liability considering the recent Italian Supreme Court case-law, highlighting the various problems linked to the identification of the responsibility of each member of the team. The participation of several subjects in the execution of medical treatment makes the question of criminal liability very complex, especially when it comes to inauspicious events, such as injuries or death, occurring during medical treatment. The question concerns the exact identification of the duty of care and vigilance of the medical team and whether this duty is in line with the principle of individual criminal responsibility guaranteed by Article 27 of the Italian Constitution. In this regard, the case-law has elaborated the so-called “principle of reasonable confidence”, according to which the division of labour that belongs to each member should involve a delimitation of his responsibility, limited only to what is within his competence, except in case of the person who organizes, directs, and controls the team. Precisely, based on this principle, the Italian Supreme Court in 2018 reasserted that in the medical team is necessary to identify the role played by each member, thus avoiding resorting to objective responsibility.

Keywords: medical team; medical liability; the principle of reasonable confidence; the principle of individual criminal responsibility (search for similar items in EconPapers)
Date: 2022
References: View complete reference list from CitEc
Citations: Track citations by RSS feed

Downloads: (external link)
https://academicus.edu.al/nr25/Academicus-MMXXII-25-214-225.pdf (application/pdf)
https://academicus.edu.al/nr25/Academicus-MMXXII-25-214-225.html (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:etc:journl:y:2022:i:25:p:214-225

Access Statistics for this article

Academicus International Scientific Journal is currently edited by Arta Musaraj

More articles in Academicus International Scientific Journal from Entrepreneurship Training Center Albania Contact information at EDIRC.
Bibliographic data for series maintained by Gabor Vasmatics ().

 
Page updated 2022-02-12
Handle: RePEc:etc:journl:y:2022:i:25:p:214-225