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 contribution||Standardization, automation, and medical malpractice: From recent reforms to a soli-daristic and liberal imputation model|
|Number of pages||29|
|Publication status||Published - 1 Jan 2019|
ASJC Scopus subject areas
- Medicine (miscellaneous)
- Biochemistry, Genetics and Molecular Biology (miscellaneous)
- Health Policy