Abstract

http://ssrn.com/abstract=2335036
 


 



Shadow Lines and Scapegoats: Medical Criminal Liability in Italy in the Framework of National and International Medical Guidelines


Giulia Funghi


University of Padua

Alessandro Rosanò


University of Padua

October 2, 2013

ELSA Malta Law Review, Vol. 3, 2013

Abstract:     
The purpose of the article is to focus on the jurisprudential approach to the theme of medical criminal liability in Italy, namely the importance given to medical guidelines in the juridical reasoning. After a preliminary analysis concerning the definition of medical guidelines and the main differences between this and other concepts (i.e. those of protocol and standard), the research will consider several sentences of the Italian Court of Cassation, highlighting the predominant interpretation as well as the existence of problems regarding the mental elements (mens rea) and the external elements (actus reus) of negligence and liability in this regard. Then, the authors explore the relevance of expert witnesses in the trial for medical criminal liability, considering that recent psychological studies, well-known in the field of Psychology, but not so much in that of Law, led to very important results in undermining the chance that expert witnesses may give definitive answers in such a context. The final part deals with the purposes of Criminal Law and the possibility that disciplinary liability may become the main repressive instrument in this field.

Number of Pages in PDF File: 15

Keywords: Criminal Law, Medical Liability, Guidelines, Negligence, Risk, Defensive Medicine, Expert Witnesses, Psychology, Hindsight Bias, Disciplinary Liability

JEL Classification: K00, K10, K14, K32

Accepted Paper Series





Download This Paper

Date posted: October 3, 2013  

Suggested Citation

Funghi, Giulia and Rosanò, Alessandro, Shadow Lines and Scapegoats: Medical Criminal Liability in Italy in the Framework of National and International Medical Guidelines (October 2, 2013). ELSA Malta Law Review, Vol. 3, 2013. Available at SSRN: http://ssrn.com/abstract=2335036

Contact Information

Giulia Funghi
University of Padua ( email )
Via 8 Febbraio, 2
Padova, Vicenza 35122
Italy
Alessandro Rosanò (Contact Author)
University of Padua ( email )
Via VIII Febbraio, 2
Padova, Padova 35122
Italy
Feedback to SSRN


Paper statistics
Abstract Views: 90
Downloads: 14

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.250 seconds