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cassation appeal Rai released from the hospital, he died: one can not absolve the doctor only because I respect the practice

8254 ruling, the Fourth Section of 03/02/2011

((Cp art. 589))

maximum n.1

The doctor responds to a strict code of ethics and the duty of putting the health of the patient to any other requirement: the professional, therefore, arises from the patient in a clear position of guarantee and is not required to follow the guidelines or the practice of so-called "guidelines" if they are in conflict with the demands of patient care and can not go at fault when he leaves condition. It follows that the decision must be annulled on the merits of an acquittal "because the offense is not" in respect of health after the death of the infarction patient discharged from hospital on the tenth day after admission