Bulciolu, Marianna (2012) Responsabilità professionale medica: tutela del bene salute e della dignità umana. Doctoral Thesis.
With this work I want to talk about the argument of professional responsability in the medical field. In the evaluation of medical liability, it's imperative to find the right balance between the patient protection and the need to play freely the exercise of their profession. For this reason, in the first part of this work I attend to general principles of medical liability. After the examination of legal sources and elements of responsability, were analyzed the causal link, the fault and the obligations of the physician. Addicionaly I wanted to make a specificy of the meaning of hospital authority and the relationship between it, the doctor and the patient. Regarding to medical activity, I broach the problem of the work of medical team, now well disciplined and organized, efficiency index, advantages the result. The second part of this work is devoted to right to health and human dignity, always connected to medical employment. However, there's always a subjection of the patient in order to choice of therapy wanted by physician in a discretionary way. Finally were analyzed the jurisprudencial innovations after the joined section Supreme Court of Cassation's decision n° 2697/2008, which modified the concept of non pecuniary damage and its refundability in the matter of liability for contract breach.
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