MEDICAL ADVERTISING AND CIVIL LIABILITY: ETHICAL-LEGAL REFLECTIONS ON THE ADMINISTRATION AND USE OF SOCIAL MEDIA IN LIGHT OF CFM RESOLUTION n. 2.336/2023

Abstract

This article aims to analyze the ethical and legal dimensions of medical advertising on social media from the perspective of civil liability. To this end, the study sought to evaluate, based on the core principles and dimensions of medical ethics, the most recent deontological regulations addressing the subject, investigating the implications arising from technological developments. In this regard, the research explored the intersection between medical advertising and acts subject to civil liability, highlighting new obligations for medical professionals and the risks associated with inappropriate advertising. The findings indicate that misleading advertising may lead to defects in informed consent and liability for informational negligence, thereby imposing a duty to compensate. For this purpose, the study adopted the hypothetical-deductive method, based on a qualitative and theoretical-bibliographical approach, drawing on the analysis of scientific texts at both national and international levels, as well as doctoral theses, master’s dissertations, ordinary legislation, and relevant case law.