Criminal medical liability

Our increasingly complex and multifaceted society offers multiple opportunities for risk caused not so much by natural factors, but by the very human activities carried out by citizens on a daily basis. In the last decades, the cases of criminal negligence, i.e., crimes committed unintentionally, have multiplied, primarily due to negligence or failure to comply with the technical rules that govern many areas of our life. These may include road accidents, sports injuries, the high number of complaints against corporate leaders accused of causing workplace injuries or occupational diseases to their employees, and even to include the sensitive issue of criminal liability in the field of medical and healthcare activities.

When it comes to this specific field, criminal law is faced with a number of sensitive issues. If, on the one hand, it is certainly necessary to protect the life and safety of patients by punishing inappropriate behaviour, on the other hand, the number of cases of “medical malpractice” against medical practitioners are on the rise. The issue of the so-called “medical liability” has been addressed by both lawmakers and the jurisprudence seeking to reconcile of all of these valuable elements involved. Law no. 24 of 8 March 2017 (i.e., Gelli-Bianco law), which has modified the previous Balduzzi decree, has integrated art. 590 sexies of the penal code, which provides grounds for exemption for those medical doctors liable for medical homicide or personal injuries due to negligence if conduct guidelines and good clinical practice have been abided by.

With regard to criminal liability in the medical and healthcare field, Baccaredda Boy Law Firm has gained more awareness and experience and is thus able to provide legal assistance in numerous proceedings concerning medical malpractice, while also relying on the collaboration of established consultants in the medical and healthcare sector and by providing preventive advice on, among other things, informed consent.

Furthermore, the Firm’s founding partner is personally responsible for ensuring that the firm keeps abreast of any new developments in the area of medical liability by taking part in training events, round tables and workshops with physicians, lawyers and magistrates while analysing case studies.

As regards criminal negligence against the life of the individual, Baccaredda Boy Law Firm offers assistance in cases relating to accidents in the workplace, road accidents and sports accidents. Baccaredda Boy Law Firm has also been involved in the aviation disaster that took place at Linate airport in October 2001.