The Biological Damage and its Legal Evolution

Paola Frati

Abstract


In ancient medicine up to contemporary medicine the relationship between the physician and the damages caused by medical actions has been mainly centered on the protection of the doctor, so that emphasis has been made on the high role of the physician (Hippocratic Oath). Only in recent rime an anthropological view of medicine takes place of paternalistic one, so that a legal concept of biological damage has been developed and established in the jurisprudence as form of appreciation of human value (e.g. average point of invalidity). 

 

Key words: Paternalistic medicine - Biological damage - Deontology


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