Consequences may arise from medical negligence in the operating room, more specifically errors and negligence, of which it is important to know the different nature in order to establish the type of damage to be compensated. A first error identified by the Law is the diagnostic error. This occurs when the health care worker does not make the correct diagnosis of the disease due to an inaccurate collection of anamnestic data or the failure to detect a symptom which, if underestimated, can lead to complications for the patient’s health. Another type of error is the prognostic error which, unlike the diagnostic one, comes from an incorrect assessment of the patient’s disease course. Lastly, there is the therapeutic error when the doctor makes a mistake in the prescribing phase of a specific therapy or in its implementation.

Often one of these errors is incurred due to an imprudence of the healthcare professional who, despite being aware of the risks for the patient, decides to proceed with a certain procedure, or even for a distraction or, in extreme cases, for a lack of preparation or professional competence of the doctor in a given situation. As health law is a rather sensitive issue given the growing number of disputes, it is advisable to consult a lawyer experienced in medical liability, in order to receive the legal assistance you need.

In the field of medical liability, the Gelli-Bianco Reform issued in March 2017 introduced significant changes, in particular those concerning the difference between non-contractual liability and contractual liability. According to the Gelli-Bianco Law, there is talk of non-contractual liability if the responsibility for the damage is to be attributed to the doctor who works within the health facility. On the other hand, if the damage is attributable to the health facility itself, it is referred to as contractual liability.

The Gelli-Bianco Law has also made numerous changes to the criminal liability of doctor. According to what has been established, there is talk of criminal liability for healthcare professionals in the case of manslaughter or damage caused by the exercise of the healthcare profession. However, liability is excluded due to inexperience in the event that the doctor proves that he has followed the recognized guidelines.

For legal advice on health law and medical liability, contact the Barile & Partners law firm. Here you will find the competence and professionalism of an experienced medical liability lawyer who will be able to help you and provide you with all the information you need to resolve your medical malpractice case.