Legal medicine and insurance law

A.Y. 2019/2020
Overall hours
Learning objectives
The purpose of the lessons is provide the essentials of legal medicine for the lawyer forensic practice, in order to achieve:
an adequate understanding of the structure of the medico-legal investigation;
a correct use of the technical investigation in the trial;
a critical evaluation of the reliability of the investigation;
an adequate competence in discussion about biomedical items;
the ability to analyze the juridical implications of biomedical problems.
Expected learning outcomes
The aim of the course is to provide the notions of forensic medicine necessary so that the jurist can usefully orient, in the forensic application field, his questions to those who carry out an interpretative activity with eminently technical characterization, such as the forensic doctor. In other words, it is a matter of dealing with the subject considering that it is a borderline discipline whose purpose is to provide the jurist with the bio-medical elements necessary to frame a biological matter from a juridical point of view; collaterally, those fields in which bio-medical issues question the traditional juridical structures will be deepened.
Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
Biology and the law
Legal medicine as a border discipline. Birth and death: from a natural event to a bio-technologic process (medically assisted procreation; brain death).

Medical acts on the body
Informed consent to diagnosis and therapy and the basis of the medical act lawfulness. The mandatory medical treatment of psychiatric illness (l. 180/1978). Intersexual conditions. Organ transplantation. Legal abortion (l. 194/78). Clinical trials.

Juridical problems concerning the mental state
Criminal and civil law.

Criminal investigations
Juridical and biologic causality. The scientific evidence and Forensic Sciences. Crime scene investigations, autopsy, expertise.
Medico-legal investigations concerning: personal injury, homicide, criminal abortion, sexual offences, and intimate partner violence.
The meaning of forensic pathology, toxicology, forensic anthropology and DNA analysis. The problems of identification (living person and corpses).

Civil law investigations
Medico-legal evaluation of personal damages regarding civil law and insurances including work-related accidents and illness.

Medical malpractice in criminal and civil law.
Standards of evidence, guidelines, and evaluation criteria.
Prerequisites for admission
have acquired the essential legal concepts
Teaching methods
The course is held through lectures and exercises (optional) in the anatomical room.
Teaching Resources
A. Cazzaniga - C. M. Cattabeni - R. Luvoni - R. Zoja, Compendio di Medicina legale e delle Assicurazioni, 13ª ed., Torino, Utet, 2015.
M. Cucci, G. Gennari, A. Gentilomo (a c. di). L'uso della prova scientifica nel processo penale. Maggioli ed., 2012.
Supplementary documents are available on Ariel platform
Assessment methods and Criteria
Verification by oral examination to test the ability to analyze and use skills.
MED/43 - FORENSIC MEDICINE - University credits: 6
Lessons: 42 hours
Professor: Gentilomo Andrea