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 lectures, covering the theoretical foundations of the relevant legal institutes and their doctrinal and case-law developments.

The second part employs a Problem Based Learning (PBL) approach, focusing on specific applications of the institutes and theories studied in the first part. This part addresses two topics of relevance to the subject, each covered over two sessions. The first session (4h) is divided into two stages. In the first stage, students — having individually studied the materials assigned via the DIR platform — will sit a short individual test on the material covered, followed by a small-group discussion to compare their answers. Building on what emerges from this discussion, the lecturer will deliver a targeted lecture on the aspects that proved less well understood, with ample scope for active participation. In the second stage, a practical case will be presented; under the lecturer's guidance, and drawing on the knowledge just acquired in the first stage, students will identify the relevant legal issues raised by the case.
In the second weekly session (2h), 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. Students will apply the skills in legal analysis, methodology, and oral and written argumentation developed in the previous stages to a practical case distinct from the two addressed in Part 2.

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.