Responsabilità sanitaria e COVID-19: scenari di una possibile pandemia giudiziaria e risposte per prevenirla

Pubblicato il LawTech Research Paper n. 42 (2020): Responsabilità sanitaria e COVID-19: scenari di una possibile pandemia giudiziaria e risposte per prevenirla

The LawTech Research Paper n. 42 (2020) has been published. Here is the English abstract:

This paper analyzes the possible compensation scenarios following the advent of the health emergency caused by the COVID-19 pandemic, verifying to what extent the civil liability enforced against health professionals and health structures can be effective in granting compensation for the alleged damage by patients who did not receive adequate treatment following the outbreak of the pandemic during the lockdown period (March-May 2020). Speculating on the history and outcomes of the HIV-tainted blood litigation, the work further addresses to what extent the model of civil liability of State and Regions – which seemed to disregard precise and detailed measures previously issued to allow the National Health system as a whole to effectively handle the outburst of a flu pandemic – may polarize the litigation promoted by the victims of COVID in the first wave of the pandemic. In conclusion, it is suggested to consider the establishment of a State fund to compensate COVID victims tailored at settling the cases of this possible litigation, in order to avoid the inconveniences caused by 210/1992 law, with which the State provided to indemnify subjects irreversibly dam-aged by the administration of HIV and hepatitis-tainted blood and blood products. (get a rough, google-operated, translation of the paper in English here)