Un caso di cooperazione colposa omissiva: riflessioni sulla responsabilità medico-chirurgica di équipe

The ars medica is a complex field, in which the need to guarantee adequate protection to fundamental rights, such as life and physical safety, must be balanced with the interest of protecting the professionals who exercise this ability. It is in fact a function that, although risky, is considered socially useful and necessary. Since technical-scientific progress has made it increasingly necessary for professionals with different specializations to collaborate, the usual dogmatic categories - forged on the liability of the individual - are now inadequate for the identification of the person criminally responsible. In view of the therapeutic activity of a team, the investigation to be carried out inevitably revolves around the question of the morphological profiles of the culpable liability of the healthcare professional, with regard to the extent of the necessary cautions that he is called upon to observe. It is therefore a question of establishing whether and under what conditions the individual subject, who is part of the group, is responsible for the negligent behaviour of other members and to what extent he extends his duty of care and of diligence when he finds himself participating in a therapeutic activity together with other people.