Odpowiedzialność medyczna we Włoszech po reformie “Gelli-Bianco” (ustawa z dnia 8 marca 2017 r., Nr 24)
Medical Liability in Italy after the “Gelli-Bianco” reform (Law 8 March 2017, No. 24)

Summary/Abstract: The present paper deals with the reform of medical liability in Italy (Law 8 March 2017, No. 24). After giving an overview of the main changes introduced by the 2017 law, the paper focuses on the liability for medical malpractice. More specifically, it deals with the nature of the surgeon’s and hospital’s liability, the allocation of the burden of proof and, finally, insurance and procedural aspects. In general, the law is aimed at mitigating the surgeon’s liability regime and strengthening the protection of the patients by reinforcing the hospital’s liability. Following this general inspiration, the 2017 law has changed the trend previously followed by the Court of Cassation by proclaiming that, where no contractual relationship exists between surgeon and patient, the liability for medical malpractice is subject to the general tort law rule (art. 2043 CC).

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