The XXVI National Medical-Juridical Conference of the Scientific Association Melchiorre Gioia “Ex pluribus unum: Comparisons, Convergences and the Social Functionality of Insurance” was held last May 12th in Rome.
Marco Ferraro from FGA was one of the speakers at the workshop dedicated to the analysis of Law no. 24 of 8 March 2017 on the responsibility of the medical practitioners and related insurance coverage obligations, with the participation of representatives of higher education establishments, legal services, medicine, and insurance companies.
The most ambiguous points in the text of the law have been examined to highlight the criticalities that may arise.
Concerning the provision of Article 8 – making the possibility of a civil action to obtain compensation for the damage caused by healthcare activities conditional upon a preliminary technical assessment pursuant to art.696bis C.p.C. (“mediation procedure”), Mr Ferraro pointed out that such an alternative solution could be useful to obtain an out-of-court and early-settlement solution if healthcare facilities are to use and balance all elements through a careful application of the principles of risk management referred to by the same Gelli Law.
The discussion moved forward to examine other critical issues that may arise from a piece of legislation – with clear room for improvement – where there is no mention of the non punishability for cases of negligence and imprudence, of contractual liability for the freelance practitioner practicing in public institutions, insurance coverage for self-retention facilities, insurance coverage at contract termination if the operator pursues his professional activity.
