“As surgeons we do not ask for the decriminalization of medical negligence, but we ask for the protection of the doctor with respect to negligence in criminal law which has fundamental limits. Medical negligence is the fundamental aspect of the so-called professional responsibility which, in our country is safeguarded by a couple of laws from the last 12 years and which wanted to take into consideration the crucial aspects of the issue of medical negligence”. , the guidelines and the role of scientific societies’ promoted today in Rome by the CIC with the patronage of the University of Rome Tor Vergata.
“Unfortunately, medical negligence has never been defined as such – continues La Torre – Medical negligence, in fact, exists all over the world, but from a criminal point of view, today, it is prosecuted exclusively in Italy. Until some year ago it was prosecuted in another couple of countries in the world, Mexico and Poland, but these two countries have adopted a law that has safeguarded healthcare workers, while in Italy this has not yet happened”.
Currently, “the Minister of Justice Nordio has established a commission precisely to understand the aspects of this medical negligence – underlines La Torre – In our Constitution it is not possible to dissociate the criminal responsibility of the doctor because other professionals, in other fields, also have criminal responsibility We ask that this be restricted exclusively to criminal liability if this was done purely by will, otherwise we risk defining the doctor as a murderer until proven otherwise” he concludes.
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