The assessment of criminal liability of healthcare professionals has fueled a heated debate in doctrine and jurisprudence for a long time. One of the most controversial points is certainly that which concerns the reconstruction of the causal link between the doctor's conduct and the damage suffered by the patient, given that in the opinion of some authors it becomes even more elusive in cases of omissive causality. Furthermore, the scientific and judicial investigations are complicated by the frequent alternation between multiple professionals in the execution of treatment interventions, which determines an overlap in terms of guarantee positions.
L’ACCERTAMENTO PENALE DEL NESSO CAUSALE SECONDO LA RECENTE PRONUNCIA DI LEGITTIMITÀ N. 42453 DEL 2023
Tommaso Passarelli
Membro del Collaboration Group
2025-01-01
Abstract
The assessment of criminal liability of healthcare professionals has fueled a heated debate in doctrine and jurisprudence for a long time. One of the most controversial points is certainly that which concerns the reconstruction of the causal link between the doctor's conduct and the damage suffered by the patient, given that in the opinion of some authors it becomes even more elusive in cases of omissive causality. Furthermore, the scientific and judicial investigations are complicated by the frequent alternation between multiple professionals in the execution of treatment interventions, which determines an overlap in terms of guarantee positions.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
