Italian law no. 24/2017 introduces a conformity assessment procedure to a behavioral pattern in case of an adverse occurrence committed by a sanitary professional: this one will be not stated criminally liable if his conduct has been recognized as compliant with guidelines. This paper analyzes the mech-anism provided by Italian Act which is considered a useful instrument for managing the systemic com-plexity, but also a "shield" to defend the health profession. Despite some difficulties due to different factors (scientific and technological advance, prevention and control of clinical risk, enormous and sometimes unreliable flow of medical knowledge) the application of the standards appears to protect healthy workers from accusations and social tensions by allowing for the actual circumstance. The subject matter of my investigation will be both of Italian policies about public health and Risk Man-agement and of most significant judgments about doctor’s liability as Italian Courts have taken more up medical malpractice. It will come out an inducement to contextualize the damage in a relativistic and interactionist perspective.

Medical liability defined by guidelines

Giovanna Fanci
2020-01-01

Abstract

Italian law no. 24/2017 introduces a conformity assessment procedure to a behavioral pattern in case of an adverse occurrence committed by a sanitary professional: this one will be not stated criminally liable if his conduct has been recognized as compliant with guidelines. This paper analyzes the mech-anism provided by Italian Act which is considered a useful instrument for managing the systemic com-plexity, but also a "shield" to defend the health profession. Despite some difficulties due to different factors (scientific and technological advance, prevention and control of clinical risk, enormous and sometimes unreliable flow of medical knowledge) the application of the standards appears to protect healthy workers from accusations and social tensions by allowing for the actual circumstance. The subject matter of my investigation will be both of Italian policies about public health and Risk Man-agement and of most significant judgments about doctor’s liability as Italian Courts have taken more up medical malpractice. It will come out an inducement to contextualize the damage in a relativistic and interactionist perspective.
2020
9781799812883
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11393/254740
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