UN ALTRO PASSO VERSO L'OBBLIGAZIONE DI RISULTATO NELLA PROFESSIONE MEDICA?

[Autom. eng. transl.] The sentence under review traces the jurisprudential procedure started with sentence n. 6141 of 1978 concerning the contractual liability of health facilities. The Supreme Court reaffirms the orientation that extends contractual responsibility also to doctors employed by public bodies, introducing the innovative concept of "social contact". The reasoning of the sentence is characterized by the breadth of the arguments and further reflections on the subject of the contractually assumed obligation, which highlights the issue of means and result obligations. This distinction, according to the Supreme Court, must be overcome, "because it lacks substantive arguments". THERE. examines the reasons given by the Court in support of this important motivation.