Standardization and automation in medicine: The duty of care of health professionals between fair reliance and due diligence

Abstract

The first part of this article deals with the debate on the limits of criminal medical malpractice, facing the standardization of clinical practices. Its critical consideration allows us to configure a paradigm of imputation capable of combining the interests of the patients with those of the health professionals. In the second part, the author raises the main hypothesis, arguing that the same imputation paradigm could allow regulating medical liability for adverse events provoked by the adoption of indications provided by Artificial Intelligence systems. In the conclusions, he highlights how standardisation and automation processes find insurmountable obstacles in the defence of pluralism, autonomy and the ethics of responsibility.