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Dec 17, 2024
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LAW 2977 - Comparative Health Care Liability: Compensation for Medical Accidents
This intensive course will compare the legal rules governing compensation of patients for medical accidents in the United States and Italy. It will also compare how tribunals assess the probative value of evidence in compensation cases, as well as the principles and policies used to justify the legal rules. This course will incorporate and use the methods and materials developed in the concurrently taught course on “Technology-Based Analysis of Legal Reasoning.” Topics will include: adequacy of informed consent; standards of medical care; factual and legal causation; loss of opportunity or loss of chance; and damages, especially non-economic damages. The approach will be to examine the reasoning of US and Italian judges when they decide cases with similar fact patterns. The goal of the course is to illustrate and compare important similarities and differences in decision-making within the two jurisdictions, not to provide surveys of the field of medical malpractice in those jurisdictions.
Prerequisites & Notes
No pre-requisites; co-requisites are the other two courses in Module 1 (Comparative Health Care Regulation and Technology-Based Analysis of Legal Reasoning).
Credits: 1
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