with the scientific collaboration of
ISSN 2611-8858



The Criminal Liability of the Healthcare Professionals and the New Law No. 24/2017 (the So Called Gelli-Bianco Law)

The Law No. 24 of 2017 (the so called Gelli-Bianco Law), which has been welcomed with great enthusiasm by the medical profession, reshapes the criminal negligence in the healthcare sector, after less than five years from the Balduzzi Law. The new appearance of the medical liability for fault is based on a detailed regulation of the guidelines, within which it is possible to identify the recommendations which are generally binding for the healthcare professionals; at the same time a new Article, concerning the criminal liability for death or personal injury in the healthcare sector, has been inserted in the Penal Code (Art. 590-sexies), characterized by the cancellation of the gradation of the fault and by the limitation of the non-punishability only to the unskilful conducts, when appropriate guidelines are observed.

An Initial Interpretation of the “Gelli-Bianco” Act from the Criminal Law Perspective

The very recent “Gelli-Bianco” Act, which amends the law on medical negligence, has raised several critical issues. In particular: the reference to the ambiguous parameter of medical guidelines and the removal of gross negligence as a basis for liability for medical malpractice.