La responsabilità medica verso il decennale dalla riforma Gelli-Bianco: qualche breve riflessione sulla sua attuazione e sul ruolo della giurisprudenza

Siniscalchi, Anna Maria

2025-01-01

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Abstract

The paper retraces the evolutionary process that led to the dual liability regime introduced by the Gelli-Bianco reform (Law No. 24/2017), analyzing the role of case law in defining the model of medical liability and the state of implementation of the reform. A comparison is drawn between the legal framework prior to and following the reform, highlighting both continuities and discontinuities in judicial interpretations and the protections offered to patients. The author reflects on the critical issues that have emerged during the implementation of the reform, emphasizing the influence of case law in filling legislative gaps and shaping medical liability. Finally, the paper considers the prospects of potential corrective legislative interventions to overcome application challenges and appropriately balance the rights of patients and healthcare professionals.