That suspected doctor can request a quote from the health facility insurance company for cases civil liability comes from mandatory insurance regulated by the Gelli-Bianco law. This was determined by the Constitutional Court with the sentence 170 proposed yesterday, where Article 83 of the Criminal Procedure Code which actually prohibits quotations was deemed partially invalid.
This question has been raised by the court of Verona, in the proceedings for the murder of a medical director, who has requested to be able to sue, as a civilly responsible party, insurance company the public health facility where he works.
For the Court, in the case being examined, an unjustifiable disparity in treatment emerged between defendants who were subject to compensation in criminal trials and defendants who were sued in civil trials, as found in the previous sentences 112 of 1998 and 159 of 2022. In fact, according to Consulta’s observations, health facilities were guaranteed for defendants. civil liability the health workers they use, in the event that those workers are held responsible for their own losses, are amandatory insurance.
Against defensive medicine
It should also be remembered, the Court warned, that one of the purposes of the law, with its mandatory insurance provisions and regulations, is to ensure a more peaceful conduct of corporate activities. medical personnel«characterized by an intrinsic and unavoidable margin of risk and by increased exposure to compensation requests from patients, which imposes, among other things, the cost of insurance coverage for civil liability related to the health facility in which the staff themselves work».
A goal risks being missed if the physician can claim the right to compensation from the insurance company only “after” his or her conviction, at the risk of having to satisfy the injured party’s claim with personal resources in the interim. Therefore, Consulta details, these are measures that also aim to counter the dynamics defensive treatment. The decision, for reasons of systematic coherence, also declared the invalidity of article 10 paragraph 2 of the same Law 24 of 2017, relating to doctors practicing in the freelance regime.
