Contributi del diritto alla riduzione della medicina difensiva

The paper analyses the contribution that law can offer to the goal of reducing the so-called "defensive medicine". In particular, the article sheds light on a normative base for interprets to reflect upon, through the description of the main areas of action that the legislator should gear to achieve the elaboration of a consistent strategic reform. Moreover, it purports to improve the set of rules currently in force which has favored the proliferation of defensive medicine (mis)conducts. These are, specifically, the (load-bearing) pillars of the desirable legislative reform: the introduction of a specific definition of medical and surgical treatment; a criminal liability provision narrowed to the sole gross negligence (legislatively defined); the review of the experts' activity in the criminal trial; the introduction of restorative justice structured programs; the reorganisation of the insurance discipline; the provision of specific guarantees about incident reporting and clinical risk management.