Ateneo - UPO

The course analyzes the intersection between biological-medical sciences and the criminal, civil, and administrative legal systems, and is structured around the following core thematic areas:
• Forensic Sciences and Medico-Legal Pathology: The study of thanatology, crime scene investigation, forensic genetics and toxicology, as well as traumatology and asphyxiology aimed at qualifying offenses against the person (homicide, personal injuries).
• Professional and Healthcare Liability: A detailed analysis of medical and healthcare facility negligence (Gelli-Bianco Law), the reconstruction of the civil and criminal causal link, protections against "defensive medicine", and the use of Court-Appointed Expert Witness Reports (CTU) and judicial medical-legal reports.
• Human Rights, Ethics, and Deontology: In-depth study of informed consent and advance healthcare directives (DAT), professional secrecy, compulsory medical treatments (TSO), as well as regulations regarding the beginning of life (abortion, medically assisted procreation) and the end of life (refusal of treatment, assisted suicide, organ transplantation).
• Capacity, Vulnerability, and Social Security: The study of criminal capacity (sanity/insanity) and mental defects (forensic psychiatry), civil law protective measures (support administration / amministrazione di sostegno), gender-based violence (the "Red Code" / Codice Rosso), and the principles of insurance medicine (personal injury assessment and social security).

Tagliaro, Bortolotti, Dimonte, Saiani, Raniero, Gibelli, Cittadini: Medicina legale e bioetica (Per i corsi di laurea delle professioni sanitarie) - Piccin editore 2021 - Cicognani, Fallani, Pelotti: Medicina Legale Società editrice Esculapio 2025 - Silingardi, De Leo, Itnrona et al: Medicina legale (per Studenti e Medici di Medicina Generale) Idelson -Gnocchi 2023 - Silingardi et al, Medicina legale per i corsi di laurea a orientamento giuridico e triennali Idelson-Gnocchi 2019 - Arnone, Carcarinino, Stornelli, Vicario: Le professioni sanitarie, Società editrice Universo 2024 - GINO S., CAENAZZO L., La Medicina Legale nella protezione dei Diritti Umani, Piccin Nuova Libraria S.p.A., Padova, 2021. - “Narrare la violenza. Cultura, cura e clinica” (a cura di Annamaria Fantauzzi), Giovanni Fioriti Editore s.r.l, Roma, 2020 - Codice civile/codice penale - Laws and material discussed during the lessons

The course aims the following objectives:
- provide updated knowledge on the main areas of medical-legal interest for the profession
- to promote students' ability to use autonomous thinking
- to demonstrate a critical comprehension, on the part of the student, of the acquired knowledge

No background knowledge is required

Lectures, seminars (including recorded videos), and group work on topics to be agreed upon

Students with physical 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/services-students-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.

Assessment Methods:
The exam is conducted exclusively in oral form and covers the entire course program. The exam lasts approximately 10-15 minutes on average and consists of two main questions.
• Exam Procedure: The interview will typically start with a critical discussion of a macro-topic, followed by a verification of more detailed theoretical and practical aspects. Each question will focus on a different thematic area to ensure a balanced coverage of the syllabus.
• Reference Material for Preparation: Students (both attending and non-attending) must prepare for the oral exam using the recommended textbooks listed in the bibliography and the teaching materials/slides uploaded to the DIR platform.

Assessment Criteria and Grading:
The evaluation will take into account terminological precision, synthesis skills, and rigor in presenting arguments.
• Impact of Group Work Completed During the Year: In the event that group work assignments are carried out during the academic year, the evaluation of these activities may influence the final exam grade. Specifically, the outcome of the group work may add 1 point, subtract 1 point, or keep the same grade achieved in the oral exam.
The final grading scale is defined as follows:
• Pass Threshold (18-21/30): the student demonstrates a basic but correct knowledge of the macro-topics covered, expressed in simple language.
• Fair/Good (22-26/30): the student explains concepts with a good command of language, showing analytical skills and an understanding of more detailed aspects.
• Very Good/Excellent (27-30 and honors): the student demonstrates complete mastery of the subject, excellent ability to critically connect different thematic areas, specialized vocabulary, and the ability to apply theory to practical cases.

Criminal Forensic Medicine and Forensic Sciences
• Forensic Thanatology
• Crime Scene Investigation
• Forensic Pathology and Traumatology
• The Criminal Offense
• Material Causation
• Crimes Against the Person
• Forensic Toxicology and Genetics
Healthcare Liability (Criminal, Civil, and Administrative)
• The Nature of Medical Liability in Criminal and Civil Law
• Causation in Civil and Criminal Law
• The Obligation to Ensure Safe Healthcare )
Medical Deontology, Consent, and Patient Rights
• Informed Consent (ethics and legal regulations)
• Professional Secrecy, Official Secrecy, and Privacy in Healthcare
• Relations with the Judicial Authority
• Compulsory Medical Treatment
• Patient Restraint
•
Civil and Insurance Forensic Medicine
• Personal Injury Assessment
• Social Insurance
Forensic Psychiatry and Legal Capacity
• Criminal Responsibility (Imputability):
• Civil Law Protections:
Beginning of Life and Protection of the Conceived
• Voluntary Interruption of Pregnancy - Law 194/1978
• Medically Assisted Reproduction - Law 40/2004
End of Life, Self-Determination, and Organ Transplants
• Consent to and Refusal of Medical Treatment
• Advance Care Planning
• Assisted Suicide
• Deceased and Living Organ Donation and Harvesting
Gender-Based Violence
• Definition
• Prevalence of the Phenomenon
• Clinical and Forensic Management of Victims of Gender-Based Violence
• Protection of Victims of Gender-Based Violence
• Legal and Regulatory Framework

These outcomes describe the integrated skills and competences that Law students will acquire by the end of the course:
Knowledge and Understanding
By the end of the course, the student must demonstrate the ability to:
• Understand healthcare liability & causation: Possess an in-depth knowledge of professional liability (Gelli-Bianco Law, Guidelines) and its criminal, civil, and administrative dimensions. Understand the different standards of proof for establishing a causal link ("beyond a reasonable doubt" in criminal law vs. "more likely than not" in civil law).
• Comprehend forensic science mechanisms: Understand the biological processes underlying key forensic-pathological evidence, including thanatology (post-mortem interval), traumatology (weapon injuries, asphyxia), and the role of forensic genetics (DNA) and toxicology in judicial investigations.
• Master legal frameworks of bio-law & crimes: Demonstrate knowledge of the legal rules regarding offenses against the person (homicide, injuries), forensic psychiatry (capacity and criminal liability), and bioethics laws (informed consent, Law 219/2017, end-of-life decisions, pregnancy termination, and gender-based violence).
Applying Knowledge and Understanding
By the end of the course, the student must demonstrate the ability to:
• Frame medical liability cases: Qualify complex medical negligence cases, allocate the burden of proof, define defense strategies, and formulate appropriate queries for expert witnesses across civil, criminal, and administrative jurisdictions.
• Analyze scientific and peritial evidence: Critically interpret autopsy findings, crime scene reports, toxicological data, and court-appointed or party-appointed expert opinions (concerning trauma, poisoning, mental status, or personal injury damages).
• Apply bio-law regulations: Translate legal norms on consent, end-of-life, compulsory treatments, and gender-based violence into actionable solutions for litigation and out-of-court counseling.
Making Judgements
By the end of the course, the student must demonstrate the ability to:
• Evaluate scientific evidence (custos scientificis): Methodologically assess the reliability and probative value of scientific evidence (DNA, toxicology, psychiatric reports), ensuring judicial decisions are not passively subordinated to expert witness findings.
• Critique medical-legal developments: Develop a balanced view on human rights, clinical risk management, the impact of "defensive medicine," and the legal-ethical challenges of biotechnological progress.
Communication Skills
By the end of the course, the student must demonstrate the ability to:
• Bridge science and law: Communicate effectively with forensic pathologists and technical experts, translating medical findings into precise legal and procedural terminology.
• Argue scientific cases: Clearly present and advocate—both orally (in court) and in writing (briefs, legal opinions)—legal arguments grounded in scientific evidence or medico-legal reports.
Learning Skills
By the end of the course, the student must demonstrate the ability to:
• Pursue autonomous legal-scientific updates: Independently research, interpret, and integrate legislative reforms, clinical guidelines, ethical codes, and evolving case law, specifically regarding healthcare liability and personal injury compensation.