Medical responsibility

This contribution aims to outline the changes in the perception of the risk of liability by the health workers through the critical analysis of the most recent regulatory interventions and jurisprudential guidelines. More specifically, and examining the structure of the offenses, the reflections concern the criminal liability of doctors, the civil liabilities of doctors and health facilities, the consequent fiscal liability.

The article outlines the exemptions made by d. 18/2020 (Measures to strengthen the National Health Service and economic support for families, workers and businesses related to the epidemiological emergency by COVID-19) to the legal architecture of the responsibilities of principal actors behind clinical trials of drugs for compassionate use in the wake of the establishment of a Unique National Ethics Committee and the devising of new expertise in charge of AIFA. While waiting for the vaccine, the compassionate use of drugs, as we will see, is at present almost the only viable path of health activities around the world against SARS-Cov-2 which can be credited with creating an unprecedented 'scientific relevance' by the world scientific community.