Corso integrativo: la responsabilità medica nel diritto comparato

The course consists of a first monographic approach to the topic of Medical Malpractice Law, which gives the students the possibility to test what they learned in the course of Comparative Private Law starting from the analysis of a specific set of rules. It is therefore an exercise of "micro-comparison", which allows students to try to use the methodological tools of Comparative Law analysis (e.g. theory of legal formants, circulation of models) and to see how the different national laws with their specific characteristics work. Students will also be introduced to the use of the main tools of legal research, including databases on Italian and foreign law made available by the University.
The main topics covered will be: the historical evolution of Medical Malpractice Law, medical negligence, causation, damages, the so-called informed consent, hints on some aspects of Civil Procedure. These issues will be addressed in a Comparative Law perspective, taking into account what happens in our and in other systems of Western legal tradition, starting from that of the United States of America.
Students will be guided in a first approach with foreign sources (statutes, decisions), they will be stimulated to reflect on the different solutions adopted, and they will be invited to individual study through the introduction to the use of the main tools of legal research.