Abstract

[Autom. eng. transl.] The purpose of this article is to assess whether current health malpractice laws (in in particular Law 24/2017), the indications of the Court of Cassation and the code criminal and civil can provide adequate tools for future criminal and civil proceedings centered on blunders made during the COVID-19 pandemic. The main ones Criminal and civil issues are discussed and the possible applications of the Law 24/2017 are presented. In the criminal sphere more reforms are needed radical, given that the "safe harbor" type system is not suitable for approaching cases of unknown diseases in the absence of national guidelines or good clinical and health practices based on sufficient evidence. Instead, in the civil field the Law 24/2017 e the Civil Code can be extremely useful. Alternative compensation strategies for those affected by the pandemic, such as compensation, could be valid, but the their practicability depends primarily on political and economic factors, such as the introduction of new taxes in a historical moment of profound social and economic crisis.
Translated title of the contribution[Autom. eng. transl.] The COVID-19 pandemic: a limit or a frontier for Law 24/2017?
Original languageItalian
Pages (from-to)1005-1017
Number of pages13
JournalRIVISTA ITALIANA DI MEDICINA LEGALE E DEL DIRITTO IN CAMPO SANITARIO
Publication statusPublished - 2020

Keywords

  • SARSCoV- 2
  • legge 24/2017
  • pandemia di COVID-19
  • responsabilità medica

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