The transformation of the concept of health in recent decades has also changed the perception of rights that concerns it. The entitlements of the person who comes into contact with the doctor and with the health administration have become increasingly complex. In Italy, however, the Parliament has only recently regulated the rights related to information and to the consent and security of care. Because of this delay, the translation of new rights into obligations for doctors and health facilities was mainly carried out by the jurisprudence. From this derives an underestimation of the liability of the health organization and an increase in the liability of the doctors, with a consequent increase in the phenomenon of defensive medicine. The recent law on medical liability intervenes on this aspect to reduce the phenomenon, but the risk is that some steps back on the protection of the patient’s rights are made.
Salute, diritti e responsabilità medica. Una storia italiana.
Alessandra Pioggia
2018
Abstract
The transformation of the concept of health in recent decades has also changed the perception of rights that concerns it. The entitlements of the person who comes into contact with the doctor and with the health administration have become increasingly complex. In Italy, however, the Parliament has only recently regulated the rights related to information and to the consent and security of care. Because of this delay, the translation of new rights into obligations for doctors and health facilities was mainly carried out by the jurisprudence. From this derives an underestimation of the liability of the health organization and an increase in the liability of the doctors, with a consequent increase in the phenomenon of defensive medicine. The recent law on medical liability intervenes on this aspect to reduce the phenomenon, but the risk is that some steps back on the protection of the patient’s rights are made.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
