Responsabilità sanitaria e pandemia. Profili civilistici

The essay focuses on medical liability in Italy, during the Covid-19. It deals both with civil liability for medical malpractice and civil liability for damage inflicted to a patient by a health service provider, which are based on different rules in the law (art. 7, co. 1 and co. 3, l. 8 marzo 2017, n. 24). Those rules seem to be adequate to govern civil liability during the pandemic, even though the ascription of medical malpractice liability to the area of extracontractual liability can be criticized at a general level. Particular attention is dedicated to hospital liability and to the ground on which it is based, in connection with centrality of clinical risk management in the recent reform. This leads to consider hospital liability as a kind of strict liability, based on risk.