La responsabilità penale dell'équipe medica: criticità e prospettive

The essay discusses the issue of the criminal liability of the members of the healthcare team under the different views proposed by the scholars. As a matter of fact, if a patient is harmed as a consequence of the healthcare practice carried out by a medical team it is of the essence to verify under what conditions – and within which limits – a health care professional can be held criminally liable for the breach of a precautionary rule’s incurred by a team mate. Beyond the right to health’s protection, guaranteed by the Italian Constitution, and the causal link between the conduct and the injury caused to the patient, it must be taken into consideration whether the “principle of trust” can apply to the criminal liability in order to limit the exposure of health care professionals for errors committed by team mates. The aim of this study is shed light on to the interpretative options that can better harmonize the interests of patients – whose protection is always a priority – and medical professionals - whose criminal liability must be recognized only for their individual negligence, in accordance with the principles laid down in the article 27 of the Italian Constitution.