Health law and professional-ethical liabilities

A.Y. 2019/2020
6
Max ECTS
48
Overall hours
SSD
IUS/07 IUS/09 IUS/10 MED/43
Language
Italian
Learning objectives
- Acquire the basic statistical and epidemiological knowledge necessary to be able to understand and address the issues related to organization, research and teaching in the field of diagnostic technical health sciences.
- Acquire medical historical knowledge and expertise in the field of bioethics and the history of bioethics, as well as aspects of education in the health sector arising from the history of medical sciences and technical sciences applied to health professions.
Expected learning outcomes
At the end of the course, the student will be able to have knowledge on various areas of the Legal Order relevant to the government of the health professions.
Course syllabus and organization

Single session

Responsible
Prerequisites for admission
No prior knowledge required
Assessment methods and Criteria
The assessment of learning outcomes consists of a written test, taking place during specific exam sessions, as per the Rules. The test includes multiple choice questions.
All the modules comprised in the teaching contribute to determining the final mark, expressed on a scale of 30 as the weighted average of the marks obtained in each module.
No intermediate or early exam sessions are planned.
Teaching materials or notes are not allowed for consultation during testing.
The results are published on the ARIEL website of the course of study.
The Teacher in charge of the teaching provides the final verbalization according to the UNIMI model.
Diritto del lavoro
Course syllabus
- Introduction to labour law: basic principles, sources and subjects;
- Basics of trade union law: freedom and trade union organization, collective agreement, right to strike and freedom of lockdown, collective tools for managing situations of corporate crisis;
EMPLOYMENT LAW
- The establishment of the employment relationship: the contract types, relationships, form, ancillary clauses, vices;
- The unfolding of the employment relationship: rights and obligations of employer and employee;
- Extinction of the employment relationship and judicial protection: supervening impossibility, resignation and dismissal;
waivers, transactions, conciliation and judicial protection.
- In-depth discussion of the recent labour market reform (so-called Jobs Act).
Analytical program
- History and evolution of labour law; employment law and constitution; sources of labour law;
- Organization and trade union action; trade union and legal system; collective bargaining; strike; trade union relations in the company; law and collective agreement;
- Employment contract and individual autonomy; subordinate work; self-employment, coordinated and occasional; structure of the employment relationship; subject and place of work performance; performance time; power of control and protection of privacy; disciplinary power; pay; Protection of safety at work; equality and discrimination; suspensions of work; the termination of the employment relationship; the company crisis; non-standard employment contracts and external work; term work; young people's work and outsourcing (business transfer, procurement, administration of work
Teaching methods
Teaching is provided through face-to-face classroom lessons, scheduled according to a timetable published on the ARIEL website of the course of study. The theoretical lessons will be completed by the interactive analysis of practical cases carried out with students' participation.
Teaching Resources
Slides provided by the teacher on the Ariel website
Diritto pubblico
Course syllabus
Essential features the of Italian constitutional system: the constitutive elements of Italian State, sources of Italian Law, system of Government, Regional State, Constitutional Court and fundamental rights and freedoms
Teaching methods
The theoretical frontal lessons will be supported by slides uploaded to Ariel platform https://ariel.unimi.it.
Teaching Resources
The teacher will upload on the Ariel website slides concerning the topics discussed in classes and a brief handbook of Italian public law (in a nutshell) to be used for the exam preparation.
Diritto amministrativo
Course syllabus
Analysis of the essential features of the administrative law:
- administrative organization, interorganic and intersubjective relations;
- administrative power and legal situations interacting with it;
- discipline of the administrative procedure and alternative ways Public Administration could exercise its power;
- the invalidity of administrative measures and the Public Administration's responsibility for the damage caused in the exercise or non-exercise of its power;
- Health law: state and regional competences (Article 117 and 118 of the Italian Constitution).
Teaching methods
Teaching consists of face-to-face lessons, scheduled according to a timetable published on the ARIEL website of the course of study
Teaching Resources
M. D'Alberti, Lezioni di diritto amministrativo, last edition, Chapters III, VII, VIII, IX par. 4, X.
Knowledge of the following Constitutional Court judgements (available on website www.giurecost.org): C. Cost, 16 ottobre 1990, n. 455; 26 giugno 2002, n. 282 e 27 marzo 2003, n. 88.
Medicina legale
Course syllabus
Basic knowledge of occupational responsibility in the health domain, integrated by discussion of exemplary cases, with particular attention to:
- Consensus
- Concept of "state of need" vs. crimes of private violence or injury
- Interdiction, inability, support administration;
- Negligence, recklessness, impertinence and damage compensation;
- Professional secrecy: the process, the discriminators and the heterosexual risk;
- Self-harm risk;
- "End of life" (early treatment provisions and Constitutional Court Ordinance 207 of November 16, 2018)
- The lawsuit in forensics.
Based on time availability, basic notions of:
- Forensic psychopathology
- Criminology of family violence
Teaching methods
Teaching is provided through face-to-face classroom lessons, scheduled according to a timetable published on the ARIEL website of the course of study. The theoretical lessons will be completed by the interactive analysis of practical cases carried out with students' participation.
Teaching Resources
Slides provided by the teacher.
Optional readings for in-depth learning:
- Genovese U., Martini F. (edited), The new professional responsibility in Healthcare, Maggioli Publisher, 2017;
- Birkhoff J.M., Notions of Legal Medicine, Franco Angeli, 2011.
Diritto amministrativo
IUS/10 - ADMINISTRATIVE LAW - University credits: 2
Lessons: 16 hours
Professor: Lattanzi Giacomo
Diritto del lavoro
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor: Ingrao Alessandra
Diritto pubblico
IUS/09 - PUBLIC LAW - University credits: 1
Lessons: 8 hours
Professor: Iacometti Miryam
Medicina legale
MED/43 - FORENSIC MEDICINE - University credits: 1
Lessons: 8 hours
Professor: Merzagora Isabella