Nota a Corte di Cassazione, sezione IV pen., 17 novembre 2011 - 17 gennaio 2012, n. 1442

Translated title of the contribution: [Autom. eng. transl.] Note to the Court of Cassation, section IV of the Penal Code, 17 November 2011 - 17 January 2012, no. 1442

Alessandro Provera

Research output: Contribution to journalArticlepeer-review

Abstract

[Autom. eng. transl.] The contribution analyzes a pronunciation in terms of medical responsibility that is noted for some important aspects both in relation to the determination of the causal link, and in relation to the requirements of imputation by way of fault. It is stated, in fact, in the sentence that in the matter of medical responsibility it is necessary to evaluate on the one hand the subjective measure of guilt, consisting in the predictability of the offensive result and the collectability of the conduct in compliance with the precautionary rule, on the other hand towards the objective measure given by the identification and violation of the precautionary rule and avoidance of the harmful result. The determination of the causal link must be based on the criterion of the conditio sine qua non integrated with the reference to the so-called hedging laws, which allow to reach practical certainty solutions. Specifically in improper omissive crimes, in the area of medical responsibility, the counterfactual mechanism is necessary to establish the actual conditioning influence of human conduct and therefore the saving effect of the omitted treatments. This judgment must take into account reliable scientific information, as well as the significant contingencies of the specific case, evaluating the normal course of the disease and the normal effectiveness of the therapy. The causal link therefore exists when the certain salvific effect of omitted therapeutic treatments can be affirmed with a high degree of rational credibility. The paper then dwells on an interesting aspect of the pronunciation which states that the medical director of a nursing home is responsible for the culpable homicide of a patient due to the inexperience of the medical staff who has not carried out the necessary clinical examinations and transferred the patient to a well-equipped hospital if he had direct knowledge of the clinical situation, intervening personally and ensuring the efficiency of the structure, although this was without the necessary equipment.
Translated title of the contribution[Autom. eng. transl.] Note to the Court of Cassation, section IV of the Penal Code, 17 November 2011 - 17 January 2012, no. 1442
Original languageItalian
Pages (from-to)1259-1263
Number of pages5
JournalRIVISTA ITALIANA DI MEDICINA LEGALE E DEL DIRITTO IN CAMPO SANITARIO
Volume2012
Publication statusPublished - 2012

Keywords

  • Decesso causato da imperizia e assenza di attrezzature di rianimazione
  • Prevedibilità e inesigibilità
  • Reato colposo
  • Responsabilità medico-chirurgica
  • Struttura dell’illecito colposo
  • Violazione della regola cautelare ed evitabilità
  • giudizio contrattuale
  • nesso di causalità
  • reato omissivo improprio

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