Abstract
[Autom. eng. transl.] The Gelli-Bianco law, with the main aim of containing judicial litigation in cases of health liability, has modified article 37 of the current Mortuary Police Regulation allowing family members, or others entitled to a deceased person, to agree with the medical director the execution of the diagnostic test both in the event that the death occurred in the hospital or in another place. The possibility that this investigation is carried out in the presence of a trusted doctor indicated by the aforementioned subjects is also explicitly foreseen. The integration envisaged by the Law must be confronted with the complex issue of the availability of the corpse or its parts and, taking into account the spirit of the law and the placement within it of the provision in question, offers the authors the opportunity to inquire about the real will of the legislator who, in the name of "transparency", seems rather to implicitly open the way to new practices (with the possibility of performing "private" autopsies in the future) and introduce a tool to "further" control the work of the treating (but also the anatomopathologist), thus feeding even more that attitude of mistrust and prevention that often lodges today in the users of health care and their relatives.
Translated title of the contribution | [Autom. eng. transl.] On the novelties regarding diagnostic findings introduced by law no. 24 of 8 March 2017 (Gelli-Bianco law) |
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Original language | Italian |
Pages (from-to) | 437-447 |
Number of pages | 11 |
Journal | RIVISTA ITALIANA DI MEDICINA LEGALE |
Publication status | Published - 2017 |
Keywords
- Responsabilità professionale, Regolamento di Polizia Mortuaria, Riscontro diagnostico, Consenso