The law n. 24 of March 8, 2017 introduced some news on medical and health responsibility, with lights and shadows, for the doctor and for the citizen-patient. The lawyer intervenes on the subject Emanuele Citriniti of the Court of Rome.
Avv. Citriniti, what are the most relevant innovations introduced by the c.d. Do you read Gelli?
The legislative novel has introduced art. 7 what has been called the “double track” of civil liability. While, in fact, the responsibility of the public or private health structure continues to be contractual (Article 1218 of the Civil Code), that of the physician, except for the case of contractual obligation assumed with the patient, now assumes an extra-contractual nature (Article 2043 of the Civil Code) ). It follows that the civil court action against the doctor is now subject to the shorter 5-year limitation period, while the one against the healthcare facility remains 10 years.
What’s new in the criminal field?Article. 6 of the law, in order to favor a deflation of the criminal litigation, introduced the art. 590 sexies in the penal code, which provides for the non-punishment of the doctor due to inexperience when, in the health activity, respects the recommendations provided by the guidelines of the Ministry of Health or, failing that, good clinical-care practices. However, the Gelli law has failed compared to the previous Balduzzi law, because the doctor continues to respond because of slight negligence, negligence, imprudence, but also due to the inexperience of the medical act, when there is not in the guidelines and good practices or for incorrect application to the case in point (Court of Cassation No. 31/17).
For more info (e.citriniti@tiscali.it) (www.avvocatoresponsabilitàmedica.roma.it)
by Roberta Imbimbo
