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 relevant interdisciplinary aspects.

The course requires a solid knowledge of liability for breach of contract and tort law. To have your final mark recorded, you must have passed ‘Institutions of Private Law’ and ‘Constitutional Law’.

The first part will be delivered through participatory frontal teaching, dedicated to the theoretical knowledge of the legal institutes and the doctrinal and case-law developments relating to the subject.

The second part takes the form of a hybrid between Problem-Based Learning and Just-in-Time Teaching. This part is structured into three modules, each dedicated to a particular application of the institutes and theories studied in the first part. Each module comprises three phases. In the first, attending students (after having individually studied the materials assigned via the DIR platform) will complete a short individual test on the content studied, followed by a small-group discussion aimed at comparing their respective answers. On the basis of what emerges from the tests, the lecturer will deliver a targeted lesson on the aspects least well understood, with ample space for active participation. The second phase is structured in two stages: it begins with a test on the skills acquired following the lecturer's explanation (phase 1). A practical case will then be presented; under the lecturer's guidance and on the basis of the knowledge acquired in phase 1, the relevant legal issues raised by the case will be identified. In the third module, the legal implications that have emerged will be discussed and the case will be resolved collectively.

The third part of the course is devoted to the moot court. Attending students will apply, in a simulated trial context, the skills of legal analysis, methodology, and oral and written argumentation developed in the previous phases to a practical case different from those addressed in the second part.

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: the final grade will take into account: a) class participation throughout the course (particularly during Parts 1 and 2); b) the ability to apply theoretical knowledge to real-world problems, autonomous learning, and the analysis and resolution of concrete cases (in Part 3); and c) a final test.

Non-attending students: written examination on the textbook.

Introductory lectures on foundational elements of 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.