Errore o complicanza: il parere del medico legale

Abstract

Orthopedics is the medical specialty that accounts for the largest number of legal and civil arguments. This is because the results of orthopedic surgery may be affected by factors not directly related to the surgeon’s capability, but to individual characteristics of the single patient. A recent regulation (decreto Balduzzi), now legislated in law n. 189/2012, states for the first time the juridical importance of the guidelines. Furthermore, it excludes any legal or civil responsibilities for the surgeon who complies with those guidelines. In order to reduce legal and civil arguments it is hoped that models of behaviour will be proposed by the scientific community in the near future.