La responsabilità medica tra novità legislative e recenti indirizzi giurisprudenziali

Siniscalchi, Anna Maria

2022-01-01

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Abstract

This paper analyses the issue of medical liability, taking into consideration the legislative changes, and the central contribution of case-law after the introduction of the “Gelli-Bianco” law. In particular, the analysis, which is aimed at verifying the degree of protection currently guaranteed to the patient, focuses on the so called “decisions of San Martino” (2019) about the problem of causation. The interpretation made by the Supreme Court, I conclude, appears to alter the mechanism of the “double track of liability” devised by the legislator, resulting in a worsening for the patient in terms of the burden of proof.