Victims of crime and medical malpractice with Italy - | ILA
 

Victims of crime and medical malpractice

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In recent years, the number of procedures related to medical malpractice cases has increased significantly. In fact, during the performance of his activity, the doctor may incur criminal, civil or disciplinary responsibilities.

This can be produced by the most varied causes that go from the direct breach of the obligations imposed by the law or the regulations - that govern the exercise of their profession - to the breach of professional duties that can go, in this second case, to integrate the extremes of a crime.

If you, a family member or acquaintance is being held for a crime, you can contact us 24/7

Medical malpractice: cases and conduct in which it occurs

The responsibility of the doctor, linked to the performance of his professional service, is included in the broadest channel of the «Medical negligence« and it is manifested in errors and omissions that damage, with less or more seriousness depending on the case, the health of the patient to the point of being able, in the most serious episodes, to cause death. It is, therefore, a form of negligent or fraudulent, commissive or omissionate character.

In the case of willful liability, the transgressions are, if they are related to the exercise of the health profession itself, intentional and conscious, so that for them the discipline must provide for an increase in penalties with respect to cases of guilt. . But, in this vein, let's see what the current legislation on medical malpractice is and what it provides.

Amendments to the discipline governing medical malpractice.

In recent years, the legal discipline that regulates medical malpractice and the criminal liability of doctors has undergone two important changes: the well-known Balduzzi law no. 189/2012 and the Gelli law n. 24/2017 have completely innovated the very concept of criminal relevance in the behavior of health professionals.

The Balduzzi law represented an important intervention in the field of sanitary criminal responsibility: according to it, a doctor who respects good professional practice and the indications of the scientific community should not be held criminally responsible for minor infractions.

Before the Balduzzi reform, in essence, the doctor appeared much more frequently as responsible for the illnesses that affected his patients and their eventual death.

The issuance of the Gelli law number 24/2017, then, introduced substantial changes in the penal code, repealing, among other things, the first paragraph of article 3 of the Balduzzi law.

It is in particular art. 590-sexies entitled "Negligent liability for death or personal injury in the health sector", which identifies the cases in which any negligent liability for death or personal injury of the patient will be imputed to the doctor, specifying that "if the event occurred due to inexperience , The sanction is excluded when the recommendations provided in the guidelines defined and published in accordance with the law or, failing that, good clinical-care practices are respected, provided that the recommendations provided by the aforementioned guidelines are appropriate to the specificities. of the specific case «.

Victims of medical malpractice crime: here's the best way to protect yourself

As can be seen, the regulatory scenario with respect to medical liability or negligence has changed dramatically.

What is needed now, in order to obtain good protection in the presence of crimes attributable to medical malpractice, is to contact expert, trained and qualified legal experts who are fully aware of these new laws. In this direction, the Law firm International Lawyers Associates represents an excellent point of reference.

The team of this renowned associate firm is dedicated to the procedural defense of the parties offended by these crimes. The study offers:

  • full assistance in the criminal trial;
  • legal assistance;
  • extensive experience oriented to the quickest economic satisfaction of the client;
  • Complete judicial and extrajudicial assistance for the compensation of damages caused by medical negligence.

The study, with the aim of equitably compensating biological and existential damages, sets in motion a series of activities aimed at demonstrating the responsibility of the general and specialized health professional, belonging to the SNS and / or the private sector.

For this, the members of the International Lawyers Associates team make available to the client, with the support of the vast experience acquired by the forensic doctors affiliated with the law firm, a medical legal expertise capable of demonstrating the causal link between the intervention. of the doctor and the injuries caused.

Medical malpractice and crime victims hide today more than ever an urgent and urgent need for trained and experienced legal personnel, competent and super updated in the field of medical malpractice so that the damages and injuries suffered by a patient from healthcare personnel sean is no longer silently accepted, but manifests and executes once and for all.

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