Standardizzazione, automazione e responsabilità medica. Dalle recenti riforme alla definizione di un modello d'imputazione solidaristico e liberale

Translated title of the contribution: Standardization, automation, and medical malpractice: From recent reforms to a soli-daristic and liberal imputation model

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2 Citations (Scopus)

Abstract

In the first part of the article (§ 1-6), the author deals with the debate about the limits of criminal liability for negligent medical malpractice in a global con-text characterized by the standardization of clinical practices. The critical considera-tion of the recent legal reforms in Italy, as well as the prevalent models defended by criminal law scholars, allows the configuration of a paradigm of imputation capable of combining the interests of patients with those of health professionals. In the last part (§ 7-8), the author considers how the same "balanced" -liberal as well as solida-ristic- criterion could allow regulating medical liability for adopting indications pro-vided by Artificial Intelligence systems. The conclusions (§ 9) emphasise how stan-dardisation and automation processes find an insurmountable obstacle in the de-fence of pluralism, autonomy and the ethics of responsibility.

Translated title of the contributionStandardization, automation, and medical malpractice: From recent reforms to a soli-daristic and liberal imputation model
Original languageItalian
Pages (from-to)207-235
Number of pages29
JournalBioLaw Journal
Volume2019
Issue number1
Publication statusPublished - 1 Jan 2019

ASJC Scopus subject areas

  • Biotechnology
  • Medicine (miscellaneous)
  • Biochemistry, Genetics and Molecular Biology (miscellaneous)
  • Philosophy
  • Health Policy
  • Law

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