Epidemiological emergency and future evolutions of medical malpractice damage

The paper investigates its adequacy in relation to the hypothesis of liability for medical malpractice damage occurred during the health emergency by Covid-19, starting from the current regulatory framework on medical liability, recently reformed by Law no. 24 of 8 March 2017 (so-called Gelli-Bianco bill). In particular, the limits of recourse to a legal "shield" or alternative mechanisms of social solidarity are highlighted, proving rather desirable to adopt a hermeneutical approach that, in solving the specific case through the regulatory instruments already covered by the current legal system, is attentive to the balance between the effective protection of the Covid-19 victims and the general duty of sustainable and bilateral social support, which takes in due consideration the emergency setting where the healthcare staff and facilities had to operate.