La disciplina della responsabilità penale degli esercenti le professioni sanitarie. La proposta di riforma dell’Associazione Italiana dei Professori di Diritto Penale

The Italian Association of Professors of Criminal Law has drawn up a draft to reform the legal framework for criminal responsibility of health care practitioners. The most important elements of this project are: 1) the disappearance of the reference to the clinical guidelines; 2) the definition of gross negligence, valid for the three shapes of the so called “colpa generica”; 3) a list of criteria to assist the judge in the assessment of the gross negligence, such as the operational setting and the professional experience/background; 4) worthy of attention is also a great weakness in healthcare facility, if compliance programs to manage clinical risk are not taken or not effectively carried out.