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Is the team leading surgeon criminally liable for his collaborators' errors? Judges confirm responsibility and
G Montanari Vergallo1, M Ralli2, A DI Luca3
1Department of Anatomical, Histological, Medico-legal and Locomotor Apparatus Sciences, "Sapienza" University of Rome, Italy.
Summary:
In current healthcare, delivery of medical and surgical treatment takes place in a multidisciplinary manner. This raises the problem of distinguishing the conditions under which the person who has properly carried out his duties, respecting the related leges artis, can be held responsible for damages materially caused by another member of the medical team. Jurisprudence has developed the so-called "principle of trust" for which every member of the team can rely on the fact that other members are acting in compliance with the leges artis of their specialisation. The Supreme Court has limited the application of this principle. The authors examine the jurisprudence on responsibility of the team in otolaryngology and conclude that individual liability should be limited to the specific expertise of the individual specialist.