They are legal categories on which the negligent action is defined. Negligence exists in cases of complacence, lack of attention, while imprudence occurs in cases of hurry, rashness, insufficient consideration. On the other hand, incompetence, contrary to the “expertise”, focuses on what the doctor is able or unable to do or on his experience or inexperience. In essence, incompetence is characterized by the non-observance of the leges artis, that is to say the violation by the healthcare professional of a specialistic and/or technical rule, either due to his ignorance, inability or ineptitude to apply it or to his concrete non-application despite having had to do it.
Published in Chapter:
Medical Liability Defined by Guidelines
Giovanna Fanci (University of Macerata, Italy)
Copyright: © 2020
|Pages: 18
DOI: 10.4018/978-1-7998-1286-9.ch018
Abstract
Italian law 24/2017 introduces a conformity assessment procedure to a behavioral pattern in case of an adverse occurrence committed by a sanitary professional: this one will be not stated criminally liable if his conduct has been recognized as compliant with guidelines. This chapter analyzes the mechanism provided by Italian Act, which is considered a useful instrument for managing the systemic complexity, but also a “shield” to defend the health profession. Despite some difficulties due to different factors (scientific and technological advance, prevention and control of clinical risk, enormous and sometimes unreliable flow of medical knowledge) the application of standards appears to protect healthy workers from accusations and social tensions by allowing for the actual circumstance. The object of the study will be Italian policies about public health and risk management and most significant judgments of Supreme Court. It will contextualize the damage in a relativistic and interactionist perspective.