The general information on the liability regime

Abstract

The article in the first part, after having provided general information on the regime of the multiple types of liability that the operators of the Health Authorities may incur, undertakes to clarify the essential elements of the responsibilities deriving from behavior contrary to the legal system rather than to regulatory provisions rather than from the non-fulfillment of the duties of the office held by each of them, except for those deriving from professional obligations.

The second part of the article, in turn, explores all aspects of the so-called professional responsibility with particular regard to that which may be incurred by health professionals.

The in-depth study underlined that not only those in possession of scientific knowledge and technical skills acquired through specific higher level studies concluded with the achievement of a qualifying qualification to exercise
of a specific profession characterized by professional and decision-making autonomy entailing, as a rule, the obligation to enroll in the qualifying professional register referring to the qualification obtained and to operate with the utmost prudence, expertise and diligence in compliance with a code of conduct based on predetermined ethical rules, but also those who are required to fulfill the services with the diligence of a good father of a family pursuant to art, 1176 of the civil code, first highlight the various consequences that can be incurred for not having fulfilled their respective professional duties and, at the end, focuses the peculiarities that distinguish the professional responsibility of health professionals, as a consequence of the specific provisions in this regard, primarily by Legislative Decree no. 158/2012, converted into law no. 189/2012 and subsequently by law no. 24/2017.