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Approval of the Law on liability of healthcare professionals and introduction of the so-called double track

  • 06/03/2017

After only 5 years since the entry into force of Law no. 189 of 2012 (so-called “Legge Balduzzi”), the Parliament has newly amended the legislation on liability of healthcare professionals, both in the civil law and in the criminal law area, with the definitive approval by the Chamber of Deputies, on 28th February, of Bill no. 259.

As to civil liability, the new Law introduces the so-called double track. Therefore, it distinguishes the liability of healthcare institutions, which is contractual as per article 1218 of the Civil Code, from the liability of healthcare professionals, which is extra-contractual as per article 2043 of the Civil Code. This means that, in case of responsibility of a healthcare professional, the burden of proof will be borne by the patient who claims to have suffered damages. The patient will also be required to give evidence of the causal link relating the conduct of the professional to the damaging event.

As regards criminal liability, instead, the new article 590-sexies of the Criminal Code punishes medical malpractice which has caused damages to a patient, only if such malpractice is gross. Therefore, healthcare professionals will not be criminally liable if they prove they have acted according to guidelines and good medical practices.

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