Full Professor
of Legal Medicine
Responsabilità sanitaria e indagini medico legali.
Medical liability is a branch of civil liability that deals with compensation for damages caused to patients by errors or omissions of healthcare providers.
In Italy, medical liability is governed by Law 24/2017, also known as the "Gelli-Bianco" law. The Gelli-Bianco law introduced important innovations in the field of medical liability, including:
• The activity of prevention and risk management by healthcare facilities;
• The obligations of availability of health documentation and data transparency;
• Guidelines as criteria for excluding the liability of the healthcare professional;
• Criminal liability;
• The nature of civil liability of the healthcare facility and the doctor;
• The double track of the action for recourse;
• Insurance implications.
In conclusion, medical liability is a complex and constantly evolving sector. The Gelli-Bianco law has introduced important innovations in the field of medical liability, but case law continues to play a fundamental role in the interpretation and application of the law.
Massimo Montisci, an expert in medical-legal investigations, offers in-depth evaluations of medical liability cases.
Nosocomial infections and healthcare liability
Hospital-acquired infections (HAIs) - technically called ICA, or healthcare-associated infections - represent one of the main problems of public health systems and are determined by a heterogeneous set of different conditions under the microbiological, physiological and epidemiological profile.
Caused by the presence of opportunistic pathogenic microorganisms in the hospital environment, hospital infections are, by definition, those infections that were not present (and therefore were not clinically manifest or incubating) upon the patient's entry into the hospital or care environment, and arise during hospitalization and inpatient stay or, more rarely, after the patient's discharge.
From the point of view of medical-health liability, which – as is known – has a contractual nature, it is reasonable to believe that the Hospital Entity is responsible for the genesis of the infection related to care, unless it is able to demonstrate that its Structure and its staff acted in full compliance with diligence and qualified prudence proportionate to the nature of the service, and that everything possible was done to avoid contagion based on the indications widely shared and required by scientific literature, as well as by current regulatory provisions.
Responsibilities of the trainee and legal assessments
The healthcare liability of the trainee is an extremely delicate issue, which concerns the damages caused during the training period.
Kristeller maneuver and medico-legal risks
The Kristeller maneuver is an obstetric maneuver that is used to aid in the birth of a baby. The Kristeller maneuver consists of pressure applied by a healthcare provider to the upper abdomen of a woman in labor. The Kristeller maneuver is a controversial maneuver, as it may be associated with health risks for the woman and the baby.
Healthcare liability in the cardiology field
In the context of cardiology, the evaluation of healthcare liability is crucial due to the complexity of this discipline. The Gelli-Bianco law does not provide specific provisions for this matter. However, case law has developed some general rules regarding liability in the cardiology field.
In particular, case law has established that:
– The cardiologist is required to carefully evaluate the risk and benefit of any cardiac intervention or treatment.
– The cardiologist must inform the patient in a complete and comprehensible manner of the risks and benefits of each cardiac intervention or treatment.
– The cardiologist must take all appropriate measures to prevent harm to the patient.