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NEWS: Clare Dyer Doctors face trial for manslaughter as criminal charges against doctors continue to rise BMJ 2002; 325: 63 [Full text]

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It can be also a matter of money

Giusto GIUSTI   (12 July 2002)

It can be also a matter of money 12 July 2002
Giusto GIUSTI, Professor of Legal Medicine "Tor Vergata" Rome University 00133 Send response to journal: Re: It can be also a matter of money	When I read the articles of Clare Dyer, I forget the Country they refer to, and have the impression that events happened in any country of Europe. Although penal systems in England and Italy are rather different, general principles are similar Doctors are becoming criminals, and often they are convicted only on the basis of the final result of their professional work. A problem in this Country is represented by the fact that an indemnisation for damages is possible only after the demonstration of a culpable medical conduct. We know that real damages to patients can supervene without medical misconduct. According to our civil and penal codes, in these cases damages cannot be restored. This is one of the reasons that prompt patients to start a penal action against a doctor. This will be followed by a civil action. From the beginning to the end of the trials, it will take up to ten years or more.