La responsabilità penale degli esercenti le professioni sanitarie, tra evidence based medicine e medicina narrativa

The essay focuses on the criminal law provisions introduced with the so-called Gelli-Bianco reform, according to a perspective that is called lateral or oblique, in the sense of inspired by that line of studies and experiences that goes under the name of narrative medicine or interpersonal medicine . In contrast to a certain reading of the guidelines resulting from the reform and towards which some jurisprudential rulings also seem oriented, the text believes that they should not be confused with the precautionary rules whose violation integrates criminal negligence. The observance of the guidelines, for criminal purposes, rather than the expression of evidence based medicine in a purely technical-scientific sense, should undergo a broader, aptly narrative and interpersonal reading and thus be read as signal of a medical act (but it would be better to say of the overall relational path) having the main projection to cure (in the broadest sense)not sheerly of harm prevention. Hence the starting point for a particular recognition of the medical act, to be classified in the sphere of the permitted risk (erlaubtes Risiko) and therefore subjected to criteria for ascertaining liability within the limits of gross negligence. In the last part of the essay some remarks are spent on the important relationship between individual guilt and organizational responsibility and some proposals de iure condendo are advanced.