Abstract
[Autom. eng. transl.] The paper highlights the contradictions between the accusatory logic of investigation, which the jurisprudence uses to understand the causes of unfortunate events in the health field, and the modern acquisitions of cognitive psychology on the systemic origin of human error. The reasons on the basis of which this accusatory model is confined, limiting itself to punishing ex post (that is, that is, the damaging fact has now been achieved) are also exposed, the sanitary deemed guilty without intervening on the flaws of the system that - upstream - have induced the doctor is wrong, it is far from effective from the preventive point of view.
Translated title of the contribution | [Autom. eng. transl.] Criminal law and cognitive psychology compared on the topic of medical error |
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Original language | Italian |
Pages (from-to) | 1333-1355 |
Number of pages | 23 |
Journal | Rivista Italiana di Medicina Legale e del Diritto in Campo Sanitario |
Publication status | Published - 2015 |
Keywords
- errore medico, modello accusatorio, modello sistemico, responsabilità medica
- medical error, individual approach, systemic approach, medical liability