Supreme Court
JUDGEMENT NO 37077 UD.24/06/2008 - FILING OF 30/09/2008
CRIMES AGAINST THE PERSON - medication off-label - HARMFUL EFFECTS - QUALIFICATION
Judgement No. 37077 of June 24, 2008 - filed September 30, 2008
(Fourth Criminal Chamber, President C. Licari, Rapporteur P. Piccialli)
Documenti:
JUDGEMENT NO 37077 UD.24/06/2008 - FILING OF 30/09/2008
CRIMES AGAINST THE PERSON - medication off-label - HARMFUL EFFECTS - QUALIFICATION
The Court first addressed the issue the criminal law of limitation of drugs "off label" (ie, on an experimental therapeutic purposes other than those accorded to them) and has stated that in respect of any injury to the patient derived from the administration shall assume responsibility of the doctor who has ordered only by way of fault, whichever has not adhered to the limit determined by the risk-benefit ratio when using the drug, but be irrelevant in this context the failure to acquire any of the same patient's informed consent to treatment.
Judgement No. 37077 of June 24, 2008 - filed September 30, 2008
(Fourth Criminal Chamber, President C. Licari, Rapporteur P. Piccialli)
Documenti:
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