Questione giuridica chiave
Whether the accused committed negligent bodily injury under Art. 125 CP despite the rare postoperative complication and alleged information failures
Decisione estratta
No criminal liability was established because the adequate causal link between the surgery and the unusual injury outcome was lacking.
Motivazione estratta
Adequate causation requires objective foreseeability. The healing defect was described as extraordinarily rare and unforeseeable even for specialists; such an exceptional complication interrupts adequate causation, so alleged failures to inform need not be examined further.