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Medical negligence


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, despite the fact that these medical practitioners are often called upon to make extremely delicate decisions in complex emergency situations. 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.

The introduction of the Balduzzi decree-law (LD no.158/2012 later converted into Law no. 189/2012), aimed at stemming the prevailing rigorous view by the courts, has helped the so-called ‘conduct guidelines’ endorsed by the scientific community for the defence to gain leverage with a view to limiting the liability of medical professionals who have complied with these guidelines only to cases of gross negligence.  Law no. 24 of 8 March 2017 (i.e., Gelli-Bianco law), which has modified the 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 manslaughter or negligent injury, 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. In addition, the Firm has provided legal assistance in a case concerning a shooting range in Milan.

Baccaredda Boy Law Firm has also been involved in the aviation disaster that took place at Linate airport in October 2001.

Baccaredda Boy Law Firm usually provides legal assistance also in regard to claims of negligence against senior management, leading up to charges of culpable violations against the safety of workers.