Le Sezioni Unite Civili della Corte di Cassazione hanno di recente risolto il contrasto di orientamento sulla responsabilità medica per nascita indesiderata, cristallizzando due principi importanti:

1)     La madre è onerata dalla prova controfattuale della volontà abortiva, ma può assolvere l’onere mediante presunzioni semplici;

2)     Il nato con disabilità non è legittimato ad agire per il danno da “vita ingiusta”, poiché l’ordinamento ignora il “diritto a non nascere se non sano”.

Viene pertanto confermato che in Italia non sussiste un diritto “a valle” a non nascere se non sano.

E’però consentito l’aborto terapeutico quando siano accertati processi patologici, tra cui quelli relativi a rilevanti anomalie o malformazioni del nascituro, che determinino un grave pericolo per la salute fisica o psichica della donna.

L’Associazione Primo Consumo è a disposizione per ogni chiarimento, supporto, richiesta ed azione.

Informazioni disponibili sul sito www.primoconsumo.it  compilando il modulo “richiedi assistenza” o chiamando lo sportello del consumatore al numero 0639738239, dal lunedì al venerdì dalle 16 alle 19.

 

122 commenti su “NASCITA INDESIDERATA. RESPONSABILITA’ MEDICA. AVV. ERSILIA URBANO”

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