Medical liability: the main developments of the bill - The article by Andrea Puccio and Edoardo Marcato on AboutPharma

In the article published on AboutPharma, our Founding Partner Andrea Puccio and Edoardo Marcato provide an in-depth analysis of the bill approved by the Council of Ministers on September 4th, which introduces provisions on medical liability and the strengthening of the National Health Service.

From a criminal liability perspective, the draft legislation amends Article 590-sexies of the Criminal Code, extending the so-called penal shield to cases of non-serious negligence and imprudence, and not only to lack of skill (imperizia) as previously provided. The legislator also introduces a series of evaluative criteria for judges in determining gross negligence, including the inadequacy of available resources, the complexity of the clinical scenario, and contextual emergency conditions.

In terms of civil liability, the bill aims to amend the healthcare liability framework established by Law No. 24/2017 (the so-called Gelli-Bianco Law), adopting evaluative criteria aligned with those used in criminal proceedings for the assessment of fault.

The full article is available at this link.