The legislative reform of medical liability in Italy and the decriminalization of slight negligence: controversial issues

Background: in recent years, the Italian Supreme Court has stated principles leading to: a) an increase in damages awarded to patients and premiums demanded by insurance, resulting in increased health care costs, b) the birth and growth of the so-called defensive medicine with major economic repercussions. The Italian legislator tried to remedy the spread of defensive medicine by enacting Law n. 189/2012. Objectives: the authors illustrate the actual innovations introduced by the law in the medical liability system developed by the Italian Supreme Court in the last fifteen years. The authors analyze the question of the suitability of the reform: a) to eliminate the practice of defensive medicine; b) to reduce expenditure for compensations; c) to increase the serenity of physicians in their medical practice. Methods: the authors analyze the effects of the new rules and compare them with the principles laid down by the Supreme Court on negligence, contractual liability and personal injur