28 May medical negligence and security position

Concerning the succession of collateral positions, when the obligation to prevent the event connected to a dangerous situation weighs on several people obliged to intervene at different times, ascertaining the causal link with respect to the event that occurred must be made with regard to the conduct and role of each holder of the guarantee position, establishing what would happen if the conduct due by each of the guarantors had been held, also verifying whether the dangerous situation had not changed due to the effect of the time elapsed or the behavior of subsequent guarantors. The ruling of the Court of Cassation intervened in relation to a case of medical negligence, in which the complaint of the condemned sanitary was rejected, who assumed that he had left the hospital having entrusted the patient's care to other health professionals, on the findings of the Judge of merit he had clearly highlighted the superficial and approximate behavior of the doctor, that he had not even given instructions to his substitute colleagues regarding the patient's condition (Cass. 3922/21).