La responsabilità penale del farmacista ospedaliero vs la responsabilità dell’ente ospedaliero [The criminal liability of the hospital pharmacist vs the liability of the hospital]

This study proposes an analysis of the boundaries of liability of the negligent hospital pharmacist, in relation with the liability of the hospital. The conditions of departure are: the knowledge that the pharmacist works within the limits of compliance programs adopted by the hospital; the finding that, in recent times, there has been an expansion in the objective sense of liability of the pharmacist. The laudable aim of protecting the patient is well accompanied by the violation of the principle of individual criminal liability (Art. 27 of the Constitution) and practical reason for discouraging the risky assets even useful. Through the analysis of the d. lgs. n. 231/2001 regarding the corporate liability for the crime and law n. 158/2012 regarding criminal liability limited to the gross negligence of the health care, it will arrive at the conclusion about the need to recognize a liability for the organization to hospitals, limiting the liability of the hospital pharmacist to cases of chargeability/criminal liability of negligent conduct.