I limiti alla rivalsa della struttura sanitaria sul medico (e del debitore sul proprio ausiliario): la Suprema Corte si confronta con il sistema della responsabilità civile

Translated title of the contribution: [Autom. eng. transl.] The limits to the compensation of the medical structure on the doctor (and of the debtor on his auxiliary): the Supreme Court confronts the civil liability system

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The ruling in comment investigates, outside the scope of Law no. 24/2017, the internal relations between the healthcare facility and the auxiliary doctor for the hypotheses in which the former provides to compensate the damage caused to the patient by the negligent execution of the service by the doctor. For this case - considered to be a physician and a structure jointly and severally obliged, albeit in a different capacity, for the same damage caused to the patient - the ruling excludes the full recourse towards the auxiliary (instead prospective for the different case of solidarity pursuant to art. 2049 cc ) considering that the rule set out in art. 2055 of the Italian Civil Code, which allows the internal division of responsibilities of doctor and facility, and in particular the presumption of equal responsibility referred to in the third paragraph of the aforementioned codicistic provision. The health facility would instead have recourse for the entire outlay if the conduct of the auxiliary doctor proves to be completely "detached" and deviating from the plan of the mandatory commitment assumed by the facility.
Translated title of the contribution[Autom. eng. transl.] The limits to the compensation of the medical structure on the doctor (and of the debtor on his auxiliary): the Supreme Court confronts the civil liability system
Original languageItalian
Pages (from-to)59-64
Number of pages6
JournalDANNO E RESPONSABILITÀ
Publication statusPublished - 2020

Keywords

  • Responsabilità medica
  • Rivalsa

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