In an era of technological revolutions and profound social transformations, professional ethics, which remains one of the cornerstones of the work of health professionals, is taking on an increasingly crucial role in guiding clinical decisions, protecting the dignity of the individual and guiding the exercise of the profession in an ever-changing context. In this sense, professional deontology represents the formalized system of obligations and rules that regulate not only the individual conduct of health professionals but also the ethical nature of the profession as a whole. Within this framework, the present chapter explores the intersection between ethical imperatives and legal responsibilities in the fields of surgical and forensic medicine. The discussion unfolds through a multidisciplinary lens, combining the expertise of medico-legal professionals and jurists to offer a comprehensive analysis. The first section, “The Medico-legal Perspective: Forensic Insights into Ethical Obligations,” examines how ethical duties are interpreted and applied in forensic medicine contexts, especially with reference to forensic medicine proper. The second section, “The Jurist Perspective: Legal Accountability in Surgical Ethics,” delves into the legal principles that govern professional liability, informed consent, and the standards of care. Finally, the chapter concludes with “An Integrated Approach to Ethics and Law in Surgical Practice,” advocating for a synergistic model that aligns ethical reflection with legal rigor in order to strengthen both clinical practice and patient protection.

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Ethical and Legal Accountability in Surgical and Forensic Medicine: A Medico-legal and Jurist Perspective

  • Paola Frati,
  • Filippo Gibelli,
  • Cristoforo Pomara

摘要

In an era of technological revolutions and profound social transformations, professional ethics, which remains one of the cornerstones of the work of health professionals, is taking on an increasingly crucial role in guiding clinical decisions, protecting the dignity of the individual and guiding the exercise of the profession in an ever-changing context. In this sense, professional deontology represents the formalized system of obligations and rules that regulate not only the individual conduct of health professionals but also the ethical nature of the profession as a whole. Within this framework, the present chapter explores the intersection between ethical imperatives and legal responsibilities in the fields of surgical and forensic medicine. The discussion unfolds through a multidisciplinary lens, combining the expertise of medico-legal professionals and jurists to offer a comprehensive analysis. The first section, “The Medico-legal Perspective: Forensic Insights into Ethical Obligations,” examines how ethical duties are interpreted and applied in forensic medicine contexts, especially with reference to forensic medicine proper. The second section, “The Jurist Perspective: Legal Accountability in Surgical Ethics,” delves into the legal principles that govern professional liability, informed consent, and the standards of care. Finally, the chapter concludes with “An Integrated Approach to Ethics and Law in Surgical Practice,” advocating for a synergistic model that aligns ethical reflection with legal rigor in order to strengthen both clinical practice and patient protection.