Prestazione medica routinaria e onere probatorio

In tema di responsabilità del medico chirurgo, nel caso di prestazione “routinaria”, incombe sul paziente l’onere di provare che l’intervento era di facile o “routinaria” esecuzione mentre al professionista spetta provare, al fine di andare esente da responsabilità, che l’insuccesso dell’operazione non è dipeso da un difetto di diligenza propria.

(Cass. civ., sez. III, 16 febbraio 2001, n. 2335)

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