20 Mar professional responsibility of doctors

Regarding the responsibility of the healthcare professionals, in base all’art. 2, co. 4, c.p., in light of the supervening fundamental rules on medical liability, is worth saying art. 3 of the so-called Balduzzi Law (which introduced an exemption for facts characterized by slight negligence) and art. 6 of the cd. Gelli-Bianco law (which introduced a special cause of non-punishment), the motivation of the judgment on the merits must indicate whether the specific case is governed by guidelines or, lacking, from good clinical-care practices, evaluate the causal link taking into account the salvific behavior indicated by the aforementioned parameters, specify what form of fault it is (whether of generic or specific fault, and if guilty of inexperience, or through negligence or imprudence), ascertain whether and to what extent the conduct of the healthcare professional has deviated from guidelines or good clinical-care practices (Cass. 3941/21).