Riflessioni sul contenzioso medico-legale delle IOS/ICA alla luce della legge 24/2017 “Gelli-Bianco”: una proposta operativa

Nowadays guidelines and good practices are indispensable references for the medico-legal evaluation of the liability of healthcare organizations and professionals, in accordance with the law 189/2012 "Balduzzi" and even more with the law 24/2017 "Gelli-Bianco". The liability of the healthcare organizations is still "contractual" and the contract law puts the burden on the wrongdoer to show that it was not at fault, in order to avoid pay- ing damages. The burden of proof is crucial for the outcome of civil cases related to healthcare-related infections. The authors carry out an analysis of the new law, focusing on the new National Guidelines System. On the basis of the jurisprudence re- garding healthcare-related infections, the authors propose to create a specific section of the clinical record for the manage- ment of infections, in order to increase the chances of meeting the burden of proof.