La copertura dei rischi della attività sanitaria nella legge Gelli-Bianco

Corrias, Paoloefisio

2018-01-01

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Abstract

The paper shows the several insurance outlines contained in the law 8th March 2017, no. 24 (the so-called “Gelli Law”). More specifically, the analysed topics are the features of the mandatory insurance model considered by the art. 10; the hermeneutical problems about the “analogous measures” of hedging (alternative to the insurance model) allowed by the same art. 10; the temporal functioning of the insurance guarantee provided by the art. 11; the peculiarity of the direct action granted to the damaged against the insurer, pursuant to the art. 12; and, in the end, the “Guarantee Fund” for the damages originated by medical liability provided by the art. 14. A particular attention is reserved to the first two features: i.e. the mandatory insurance model provided by the law and the hedging measures alternative to the insurance model.