Dal danno da perdita di chances (terapeutiche) al danno da lesione del diritto all’autodeterminazione: l’evoluzione della giurisprudenza in tema di incertezza del nesso causale nella responsabilità medica

Translated title of the contribution: [Autom. eng. transl.] From damage from loss of (therapeutic) chances to damage from injury to the right to self-determination: the evolution of jurisprudence on the subject of uncertainty of the causal link in medical liability

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Abstract

Beyond its indisputable practical role, the instrument of “loss of chances” gives the authors many reasons to doubt about its coherence inside the system of civil liability. An investigation on the injury arising from the loss of chances, beside the examination of the “minimum size” that the chance should consist of in order to allow its loss to get restored, leads the Author to the conclusion of an internal contradiction inside the notion of “loss of chance”; contradiction that the jurisprudence has not solved, nor helped with the notion of “injury in the right of self-determination”.
Translated title of the contribution[Autom. eng. transl.] From damage from loss of (therapeutic) chances to damage from injury to the right to self-determination: the evolution of jurisprudence on the subject of uncertainty of the causal link in medical liability
Original languageItalian
Pages (from-to)N/A-N/A
JournalREVISTA IUSTITIA
Publication statusPublished - 2020

Keywords

  • Loss of chances
  • causality chain
  • compensation of damages
  • medical malpractice

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