La colpa penale del medico in formazione specialistica

Translated title of the contribution: [Autom. eng. transl.] The criminal fault of the doctor in specialist training

Marina Di Lello Finuoli

Research output: Contribution to journalArticlepeer-review

Abstract

To deal with the Covid-19 pandemic, the legislator has reduced the area of medical liability for patient harms committed in the emergency context, unless in case of gross negligence; at the same time, he recalled the judge to the “duty” to consider “the lesser degree of experience and technical knowledge possessed by non-specialized personnel employed to deal with the emergency” (art. 3-bis d.l. 1.4.2021 n. 44). In spite of the attempt to contain the criminal medical liability, the doctor in training is in an unfavourable position. The jurisprudence assesses his behaviour with particular severity, for all the activities he performs, even those compliant with the inappropriate directives of the tutor (so-called bound autonomy). The essay aims at studying the criteria for attributing criminal liability to the trainees, taking into account the frequent recourse to the category of “guilt for hiring”. Specifically, the following themes will be examined: the position of guarantee of the trainee (also in relation to the duty of abstention); the factors that may affect the trainee’s choice to obey tutor’s instructions or the power to recognize his own inadequacy to manage the clinical case. In the end, the Author will describe some proposals to reduce the criminal liability of young doctors, in a certain sense “commanded” to provide services for which they have not completed the training process.
Translated title of the contribution[Autom. eng. transl.] The criminal fault of the doctor in specialist training
Original languageItalian
Pages (from-to)1-36
Number of pages36
JournalLA LEGISLAZIONE PENALE
Publication statusPublished - 2022

Keywords

  • Formazione specialistica dei medici
  • Responsabilità medica
  • colpa penale
  • colpa per assunzione
  • doctor in training
  • medical liability
  • posizione di garanzia
  • recidency program

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