29 Jan competent doctor and death of the worker

Regarding the responsibility of the competent doctor for the death of a worker, died as a result of an undiagnosed disease, the assumption of subjective reproach implies the predictability of the event that must be accomplished ex ante, referring to the moment in which the conduct was put in place also having regard to the potential suitability of the same to give rise to a situation of damage and referring to the concrete ability of the subject to comply with the precautionary rule, Give commisurare al parameter model, Dell '' a lot of the same profession ed ', enriched by any greater knowledge on the part of the concrete agent. The Supreme Court highlighted how, pursuant to the regulations outlined by Legislative Decree. 81/2008, the competent doctor assists the entrepreneur in the exercise of his preventive obligations, as the bearer of qualified technical knowledge e, therefore, in the context of a relationship of a private nature and, at the same time, with a role marked by connotations of a publicistic nature, being required to operate with impartiality in the exclusive perspective of protecting the physical integrity of workers (Cass. 19856/20).