Come incide l’incertezza causale sul giudizio di responsabilità (del medico): il risarcimento del danno da perdita di chances (terapeutiche).

Translated title of the contribution: [Autom. eng. transl.] How does the causal uncertainty affect the judgment of responsibility (of the doctor): compensation damage from loss of (therapeutic) chances.

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The instrument of loss of chances, in spite of its indubitable practical role, raises several doubts about its consistency within the civil liability system. In such a framework, moved by the intent to bring order to the issue of the loss of chances and to provide jurisprudence with certain guidelines for its application, Cass. n. However, 28993/2019 does not extinguish the uncertainties concerning this instrument and, on the contrary, increases some perplexities that even give rise to a series of reservations about the validity of the proposed solutions.
Translated title of the contribution[Autom. eng. transl.] How does the causal uncertainty affect the judgment of responsibility (of the doctor): compensation damage from loss of (therapeutic) chances.
Original languageItalian
Title of host publicationI nuovi orientamenti della Cassazione civile
Pages738-766
Number of pages29
Publication statusPublished - 2020

Keywords

  • perdita di chances
  • responsabilità medica

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