(Adnkronos) - “Non chiediamo la depenalizzazione della colpa medica, chiediamo la salvaguardia del medico nei rispetti della colpa nel diritto penale". È la precisazione di Filippo La Torre, presidente emerito Collegio italiano chirurghi (Cic) intervenuto nell’ambito del convegno promosso a Roma dal Cic e dall’università degli Studi di Roma Tor Vergata su ‘La colpa medica, le linee guida e il ruolo delle società scientifiche’.
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00:00The medical fault is the fundamental aspect of the so-called professional responsibility.
00:12Professional responsibility that in our country is safeguarded by a couple of laws of the last 12 years
00:22and that wanted to take into consideration the determining aspects of the medical fault
00:31unfortunately what happened is that the medical fault has never been defined as such.
00:39The medical fault exists all over the world, but from a criminal point of view it is persecuted exclusively in Italy today.
00:48Until a few years ago it was persecuted in a couple of other countries in the world, in Mexico and Poland,
00:54but these two countries have adopted a law that has safeguarded the health workers,
01:01while in Italy this has not yet happened.
01:05We as surgeons do not ask for the de-penalization of the medical fault,
01:10we ask for the safeguarding of the doctor in respect of the fault in the criminal law,
01:16which has fundamental limits.
01:22Minister Nordio has established a commission to understand the aspects of this medical fault.
01:32In our Constitution it is not possible to dissociate the criminal responsibility of the doctor
01:39because even other professionals in other fields have criminal responsibilities,
01:45but we ask that this be restricted exclusively to the criminal responsibility,
01:52if this has been done of pure will,
01:56otherwise it is risky to define the doctor as a murderer until proven otherwise.