Lubinu, Giovanni Pietro (2014) L'Attività medica plurisoggettiva tra affidamento e controllo reciproco. Doctoral Thesis.
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Following the most widely held opinion, the model of distribution of penal liability within the complex hospital structures, which are organized according to the principle of allocation of work, takes place in accordance to the so-called “rule of trust”. Basically each member, belonging to a specific team, is bound to follow the sole rules that regulate specific duties he has been assigned to, while being allowed to omit checking other team members' actions.
Within medical practice, this principle comes up against some limitations. It turns out that neither the one who, in view of his vertex role in the hierarchy, is required to supervise his subordinates, nor the one who may feel someone else's conduct as defaulting, can appeal to it. By undervaluing the rule of trust especially towards the class of vertex physicians, The Italian Supreme Court assumes a very strict orientation towards the medical class and therefore tends to amplify these exceptions. This research was aimed to clarify whether the exceptions to this rule might compromise its actual widespread application.
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