Diritto alla salute, responsabilità e questioni di genere

The birth of health damage (“danno biologico”), different from economic losses, was a deep innovation for Italian rules on compensation for personal injuries since the mid-eighties. These rules are still searching for a final settlement, because today there are many different compensatory statutes, according to the kind of injury. The “tables” and the equitable compensation appear substantially “genderless”. Precisely, only the “tables” to calculate health damage for work accidents are distinguished according to the sex, while those used for compensation of less serious damages caused by traffic accidents, also extended to damages from medical malpractice, even ignore any difference between men and women both in the medical evaluation of injury both in the legal identification of the quantum. Scholars and legal practitioners appear quite insensitive to the issue.