Academicus International Scientific Journal

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

Author(s):
Dr. (PhD) Emanuela Furramani
emanuela.furramani@unishk.edu.al
University “Tor Vergata”, Rome, Italy. University “Luigj Gurakuqi”, Shkodër, Albania
0000-0002-8687-2939
Dr. (PhD) Rrezart Bushati
rrezartbushati@yahoo.it
University “Tor Vergata”, Rome, Italy
0000-0002-8124-5944

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;

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Licensing:   Creative Commons License
The article's content ©Academicus™ The criminal liability of the medical team considering the recent orientation of the Italian Court of Cassation by Dr. (PhD) Emanuela Furramani , Dr. (PhD) Rrezart Bushati is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Presented: November 2021
Included for Publishing: December 2021
Published: January 2022, Volume 13, Issue 25

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