Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Covid-19 Emergency and the Professional Liability of Healthcare Providers: The Situation in Italy

Author(s): Piergiorgio Fedeli, Roberto Scendoni, Roberto Cirocchi, Marzia Maria Fede, Nunzia Cannovo & Mariano Cingolani

The manuscript concerns the problem connecting to how can the current law on the professional liability of healthcare providers be reconciled with the activities that physicians are substantiall yforced to do in the emergency to care for COVID-19 patients. The Italian healthcare system I sworking in catastrophic conditions of urgency. In the face of this dramatic situation, advertisements for “legal studies” have begun appearing in some newspapers and social media outlets, offering free consultations to represent claims for damages against subjects, physicians and healthcare structures involved in caring for COVID-19 patients. Italian healthcare workers, especially those on the front lines assisting COVID-19 patients, have a compelling need for this amendment in order to be able to work serenely without fearing future penal and/or civil suits against them. In this context, LAW no. 76 of May 28, 2021, containing “Urgent measures for the containment of the COVID-19 epidemic, in the field of SARS-CoV-2 vaccinations, justice and public competitions” was issued. The Italian situation on the relationship between medical liability in the coronavirus emergency and malpractice claims and the solution being proposed in Italy to reduce the problem are also of interest to the global medical community.

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