Pandemia e modelli «dogmatici» di responsabilità sanitaria

The essay investigates the operation of medical liability rules in the context of the recent pandemic emergency. The outcome is that, both by adopting models of subjective liability and – more correctly, as regards the contractual liability of the medial organization – models of more objective liability (within the limits of non-fault impossibility), an obligation to pay compensation for therapeutic errors related to the emergency situation will frequently be excluded; the same outcome will often be predicted for the case of the inability of the hospital to ensure ordinary access to treatment, due to the extraordinary requests from patients. On the other hand, a different solution can be found for errors in the containment of contagion, frequent especially at the origin of pandemics.