Il problema della medicina difensiva. Una proposta di riforma in materia di responsabilità penale nell'ambito dell'attività sanitaria e gestione del contenzioso legato al rischio clinico.

Translated title of the contribution: [Autom. eng. transl.] The problem of defensive medicine. A proposal for a reform in the area of criminal liability in the field of healthcare and management of litigation related to clinical risk.

Research output: Book/ReportBook

Abstract

[Autom. eng. transl.] The book illustrates the different phases of a research conducted by the authors, in the research activity of the Federico Studi Center for Criminal Justice and Criminal Policy, on the subject of defensive medicine. This term indicates the behavioral modality of health professionals who, in order to minimize their risk of future civil and criminal legal disputes, provide treatments that they themselves deem useless for the patient (positive or active defensive medicine) or avoid taking risky therapeutic activities , from which the patient could however benefit (negative or passive defensive medicine). The investigation - which started from an empirical research of qualitative and quantitative cut, coordinated by prof. Catino, aimed at accurately determining the scale of the phenomenon in Italy - outlines the possible regulatory intervention strategies to counter the spread of such behavior and, also through a comparative analysis of the most avant-garde foreign legislation in relation to the topic, proposes a Organic reform project, operating along the following lines: 1) normative definition of medical-surgical treatment; 2) redefinition of the negligent liability profiles of the healthcare professional for murder and injury crimes, through the insertion of a specific regulation dedicated to this case (art. 590ter cp); 3) reform of the regulations in force concerning the selection of technical consultants and experts in criminal proceedings concerning the case of medical negligence; 4) development of a complex system of restorative justice programs in the health sector; 5) elaboration of a comprehensive reform of the rules on insurance for civil liability in the health field; 6) enhancement of the activity of the clinical risk management units, through a series of rules aimed at guaranteeing the useless process of incident reporting and risk self-assessment. The Reform Project, accompanied by an analytical illustrative report, was submitted to the validation of some of the scholars who most closely dealt with the topic, during a round table whose results are reported in the volume. At the end of this validation, the authors have modified the initial Project in some points, fully taking into account the amendments made in a second accompanying report. Within the group's activity, coordinated in all its phases by prof. Forti, prof. D'Alessandro has taken particular care of the most strictly criminal aspects of the Project, as well as the section on civil liability, Professor Mazzucato has taken care of the wide and complex profiles relevant to restorative justice, while prof. Varraso dealt with the many procedural implications connected with the discipline choices adopted in the Project.
Translated title of the contribution[Autom. eng. transl.] The problem of defensive medicine. A proposal for a reform in the area of criminal liability in the field of healthcare and management of litigation related to clinical risk.
Original languageItalian
PublisherETS
Number of pages258
ISBN (Print)9788846725943
Publication statusPublished - 2010

Keywords

  • criminal law
  • defensive medicine
  • diritto civile
  • diritto penale
  • illecito disciplinare
  • medical malpractice
  • medicina difensiva
  • responasbilità del sanitario
  • restorative justice

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