The Digital Pathology Perspective in Forensic Assessment of Medical Liability Cases

In forensic evaluations of alleged medical malpractice, histopathology has historically offered a robust basis for expert opinion. Tissue sections examined microscopically can assist in establishing causal relationships between clinical interventions and adverse outcomes, frequently guiding the course of civil or criminal proceedings ^1,2,3. In cases of supposed malpractice, the collaborative dialogue between forensic and clinical pathologists, despite their differing perspectives, where the former primarily focuses on reconstructing causal links in death investigations and the latter on disease classification and patient care, can enhance the depth and reliability of medico-legal evaluations regarding micromorphological features. This teamwork may help reduce interpretive bias, encourage consistency, and strengthen the robustness of expert opinions ⁴. In this article, we outline the opportunities, challenges, and medico-legal implications of implementing digital pathology and Whole-Slide Imaging (WSI) in the forensic assessment of alleged medical liability cases.

In this context, the digital transformation permeating the field of medicine is now extending to forensic practice. WSI and digital pathology have evolved from theoretical concepts to validated realities, driven by rigorous technical advancements and an expanding body of evidence.