Responsabilità sanitaria e rivalsa

The essay deals with the role of the right of recourse of the sanitary undertaking to the physician (in case of gross negligence or willful misconduct) in the field of medical malpractice liability regulation. After describing the liability of the healthcare facility and the doctor, it explains how right of recourse systematically acts as a bridge between the two liabilities. He delves into the nature of this right, criticizing the thesis that places it within the rule of art. 2055 c.c. In order to resolve the problem of the classification of the right of recourse the author provides an explanation of the reference contained in the law to the articles. 1218 and 1228 c.c. and finally takes into consideration the question of the relation between right of recourse and liability for non-performance by the doctor towards the healthcare facility.