Ateneo - UPO

The course is structured in two main parts. The first part, following an introduction to contractual and non-contractual liability, will focus on medical liability, examining recent developments in case law and legislation. Particular attention will be given to the topics of informed consent and clinical guidelines.
The second part of the course adopts a Problem-Based Learning (PBL) approach, through which students will work on real-life cases relevant to the subject area.

Enrico Antonio Emiliozzi, La responsabilità medica (Giuffrè, 2023)
Chapters 1, 2, 4 and, in addition, either 3 or 5.

The course aims to provide students with both theoretical and practical knowledge in a legal field characterised by strong interdisciplinarity.

Registration of the final grade is conditional upon prior successful completion of Private Law 1 and Constitutional Law.

The first part of the course will be delivered through interactive lectures.
The second part will follow a Problem-Based Learning (PBL) format, structured as follows. Each week, a practical case will be introduced and discussed.
First weekly session (2 hours): the case, previously made available via the DIR platform, will be analysed in class under the guidance of the lecturer. The aim of this session is to identify the legal issues raised by the case and define the learning objectives necessary for its resolution.
Independent study: each student will then carry out individual research on their assigned learning objective and upload a short written report to the DIR platform.
Second weekly session (4 hours):
In the first part, each student will present the results of their research to the class.
In the second part, drawing on the shared information, the class will work collaboratively to resolve the case.

Office hours are by appointment only. To arrange a meeting, please contact Prof. Marco Poli via email at marco.poli@uniupo.it.
Students with disabilities, Learning Disabilities or Special Education Needs can request specific services and tools via the Staff Sviluppo e Coordinamento Carriere e Servizi alle Studentesse e agli Studenti, consulting the University webpage: https://www.uniupo.it/en/services/servicesstudents-physical-or-learning-disabilities Students with disabilities, learning disabilities or special education needs, once they have contacted the University Staff, can refer to the tutor in charge of the course to define the examination modalities, concerning academic aspects.

Attending students: Assessment will be based on class participation throughout the course (20% of the final grade), as well as the quality of the research and written/oral outputs produced weekly during the PBL phase.

Non-attending students: Assessment will consist of an oral examination based on the prescribed textbook.

Introductory lectures on contractual and non-contractual liability. Medical malpractice and civil liability in healthcare. Personal injury resulting from medical malpractice. Patient autonomy, diagnostic decision-making, and informed consent.

By the end of the course, students will be able to:
Describe and explain the legislative and case law developments in the field of civil liability within healthcare.
Critically analyse legal issues relating to civil liability in medical contexts.
Produce written and oral outputs consistent with legal methodology.

Through participation in this course, students will also enhance their ability to:
Apply theoretical knowledge to real-world problems.
engage in autonomous learning.
Develop analytical and problem-solving skills through the study of practical cases.