Frammenti di responsabilità medica : e ricomposizioni problematiche

Fragments of medmal. And problematic reshuffling. The restatement of medical responsibility carried out at the end of 2019 risks obsolescence already after a few months, in an always-open construction site, likely exposed to a risk of contagion from the CoVid-19 pandemic. The paper takes its cue from a handful of rulings that intervene with evident systemic repercussions on three distinct issues: the theme of material causality and its proof; the protection scope of the hospitalization contract and the creation, within medmal, of a new autonomous province (that of wrongful births); the determination of the transferable damages iure hereditatis in the event of patient’s death after an appreciable lapse of time from the facts, with some remarks on the loss of chance of survival in line with the hands-off posture towards from loss-of-life damages. The divided solutions frame a tormented picture, punctuated by unexpected implications: where a solid judicial stability was longed for, irritating questions arise.