Letter to the Editor in response to: “The Italian Supreme Court Joint Sections set forth the interpretative underpinnings of the “Gelli-Bianco” law: varying degrees of guilt aimed at limiting medical liability, article 2236 c.c. makes a comeback
V. 172 N. 5 (2021), Letter
V. 172 N. 5 (2021)

Letter to the Editor in response to: “The Italian Supreme Court Joint Sections set forth the interpretative underpinnings of the “Gelli-Bianco” law: varying degrees of guilt aimed at limiting medical liability, article 2236 c.c. makes a comeback: doi: 10.7417/CT.2021.2352

Letter
Pubblicato 2021-10-09
A. Di Luca
Department of Biomedicine and Prevention, University Tor Vergata, Rome, Italy
T. Marsella
Department of Public Health, Section of Legal Medicine, Catholic University “Sacro Cuore” of Rome, Rome, Italy
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Parole chiave

limitations of medical liability
Gelli-Bianco law
cases of special difficulties

Abstract

The present letter is in response to the article entitled “The Italian Supreme Court Joint Sections set forth the interpretative underpinnings of the “Gelli-Bianco” law: varying degrees of guilt aimed at limiting medical liability, article 2236 c.c. makes a comeback”, which was published on the second file of 2020. Aim is to state that art. 2236 c.c., as interpreted by the Supreme Court, can allow to overcome the limitations proved by the Gelli-Bianco law related to penal liability, so as to take to an end the season of cultural change started by the Balduzzi decree in 2012.

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