Malpractice sanitaria e prova peritale: profili di continuità e nuove prospettive

The evolution of investigative techniques and the introduction of new technologies in the medico-legal field have progressively enhanced the role of expert testimony in cases of medical malpractice. After reconstructing the legislative and jurisprudential developments that have led to the current formulation of Article 590-sexies of the Penal Code, the author examines the issues related to the judicial determination of the causal link and culpability, particularly in light of the increasing use of technological tools and artificial intelligence (AI) in clinical practice. Although the use of AI as a tool for conducting expert evaluations does not yet appear to be legally sustainable, it could, in fact, represent a valuable instrument for simulating the clinical context to be examined in court. From this perspective, the adoption of artificial intelligence as part of the expertise becomes indispensable, through the inclusion of an IT expert in the expert panel (Article 15 of Law No. 24/2017), in order to ensure transparency and rigour in the analysis and reconstruction of the defendant’s use, at the time of the events, of medical devices equipped with artificial intelligence.