Medical liability issues (and beyond) resulting from the use of new technologies

Technological developments in healthcare have been spreading fast. On the one hand, innovation has forced a re-examination of the traditional healthcare relationship between the doctor and the patient. On the other hand, the most advanced technological items (such as artificial intelligence) have given birth to new legal subjects, potentially able to produce significant effects in the sphere of individuals; as a consequence, the impetuous advent of new technologies in healthcare is revolutionizing the entire way in which medical services are delivered by professionals, foreshadowing a gradual move away from human intervention in many dynamics of care. In this regard, the impact of technology in the healthcare sector has given rise to an earnest appeal, as well as a strong legal debate towards the most appropriate regulatory system. This chapter is an effort to contribute to the Italian legal debate toward the renewed relations between doctors and patients and the medical professional liability. The first part aims at drawing the current legal scenario toward civil and criminal liability. Moreover, in the second part, a greater attention will paid to the advent of telemedicine and medical devices and its ability to reform the relationship between the patient and the professional. As a matter of fact, new health digital services foster the patient’s empowerment and his/her self-care by blurring the fiduciary relation with the professional. Consequently, it shakes most crucial pillars at the base of their relation (trust, accountability, liability). The third part will address the use of robotics and artificial intelligence. Thus, the major friction points will be analyzed, which can be mainly due to the lack of a more appropriate legal framework in terms of civil and criminal liability, as well as data protection. Furthermore, this part will investigate the opportunity to reach a more appropriate redistribution of liability and accountability between the professional and the healthcare facility. Finally, to complete the scenario, several implications due to the advent of artificial agents in healthcare will be also brought into the ethical sphere to discover both deontological and ethical issues.