Home » Anaao, criminal shield for doctors is ok but it must be extended to the whole of 2025 – Healthcare

Anaao, criminal shield for doctors is ok but it must be extended to the whole of 2025 – Healthcare

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Anaao, criminal shield for doctors is ok but it must be extended to the whole of 2025 – Healthcare

“The amendment on the criminal shield that should be introduced in the milleproroghe decree responds to the requests of the Anaao Assomed and for this we thank the sensitivity of the political forces. However, we ask that it be extended to the whole of 2025, waiting for the process to be concluded arrive at the decriminalization of the medical act”. Thus in a note the national secretary of the Anaao Assomed doctors’ union Pierino Di Silverio.

For Di Silverio “it is certainly of primary importance to limit, in general, the punishability of crimes of manslaughter or negligent personal injury committed by practitioners of a healthcare profession only to cases of gross negligence, as reiterated both by jurisprudence and by many bills assigned in Parliament”. Furthermore, “drawing lessons from the critical issues that emerged during the Covid-19 pandemic, it is appropriate to introduce a reference to the possible exceptional nature of the concrete case or the circumstances in which it occurs, so as to avoid, for the future, the need to do recourse to emergency legislation”.

Furthermore, according to the union, it is essential to take into account the “objective organizational shortcomings of the healthcare facility in which the adverse event occurs” which “must not ‘fall’ on the healthcare workers in the judicial assessment of the degree of fault. It is therefore necessary to evaluate the consistency of the conduct not only with the available scientific evidence, but also with the specific working conditions and any structural and organizational deficiencies”, he adds.

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“In this perspective, the assessment of the degree of fault should take into account the particular ‘work emergency’ situation in which the event occurred”, concludes Di Silverio.

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