Health law and professional-ethical liabilities

A.Y. 2019/2020
5
Max ECTS
40
Overall hours
SSD
IUS/07 IUS/10 IUS/14 MED/43
Language
Italian
Learning objectives
The aim of the course is to provide relevant knowledge:
- the general principles of healthcare organization within central and local public bodies
- the general principles of European law, the regulation of fundamental freedoms in the Community context, the policies of the European Union and the Community regulatory instruments that affect national legislation.
- the financing systems of health services in Europe and the main reforms of the health system, in an international perspective that allows the comparative evaluation of the various types of healthcare organization.
- the essential notions of organization and administrative action.
- the principles of local autonomy, the legislation on personal services and the laws on the protection of privacy.
- the fundamentals of social policy that involve health systems: minimum guaranteed assistance, protection of minors and vulnerable groups, services provided to users without citizenship, interventions in the field of disability and marginalization.
- acquire the deontological and relative rules concerning the professional responsibility of the individual and of the healthcare facility in which one operates.
Expected learning outcomes
- Know and understand the health organization within central and local public bodies
- Understanding the general principles of international law in particular, the regulation of fundamental freedoms in the EU context, the policies of the European Union and the EU regulatory instruments that affect national legislation.
- Know and understand the administrative organization, the notions of public body, body, office and the exercise of the public function
- Know the principles of local autonomy, the legislation of personal services and the laws of protection of privacy.
- Know the fundamentals of social policy that involve health systems: guaranteed minimum assistance, protection of minors and vulnerable groups, services provided to users without citizenship, interventions in the field of disability and marginalization.
- Know the deontological rules relating to the professional responsibility of the individual and of the healthcare facility in which one operates.
Course syllabus and organization

Single session

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. The student is asked to accept the grade and has the opportunity to view the evidence, discuss the result and possibly repeat the exam in subsequent appeals.
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.
At the end of the course and before enrolling in the exam, the student makes a judgment with respect to the teaching provided which includes an integrated course assessment and an assessment of the teaching module. It takes into account both general aspects (classrooms, hours) and specific aspects (teacher punctuality and availability, teaching materials, interest in the subject, etc.). The assessment is expressed through a questionnaire available online according to a model of Athens. The quantitative and qualitative data are the subject of annual discussion in the Parite Commission and the Educational College and a point of observation by the President and the AQ Referent in order to promote better actions in accordance with the principles of the AVA process.
Teaching Resources
Slides provided by the teacher on the Ariel website
Diritto amministrativo
Course syllabus
Analysis of the essential features of the organisation and administrative action:
- public body, body, office, interorganic and intersubjective relations
- administrative power and legal situations interacting with it
- the discipline of the proceedings, that is, the power in its becoming and the measure in its making.
- brief overview of alternative forms of public service: consensual, simplification and liberalisation institutions
- pathology of the measure, responsibility of the Administration for damage caused in the exercise or non-exercise of
its functions
- 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.
Diritto dell'Unione Europea
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.
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.
At the end of the course and before enrolling in the exam, the student makes a judgment with respect to the teaching provided which includes an integrated course assessment and an assessment of the teaching module. It takes into account both general aspects (classrooms, hours) and specific aspects (teacher punctuality and availability, teaching materials, interest in the subject, etc.). The assessment is expressed through a questionnaire available online according to a model of Athens. The quantitative and qualitative data are the subject of annual discussion in the Parite Commission and the Educational College and a point of observation by the President and the AQ Referent in order to promote better actions in accordance with the principles of the AVA process.
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: 1
Lessons: 8 hours
Professor: Lattanzi Giacomo
Diritto del lavoro
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor: Ingrao Alessandra
Diritto dell'Unione Europea
IUS/14 - EUROPEAN UNION LAW - University credits: 1
Lessons: 8 hours
Medicina legale
MED/43 - FORENSIC MEDICINE - University credits: 1
Lessons: 8 hours
Professor: Merzagora Isabella
Educational website(s)
Professor(s)
Reception:
Mon 11:00
Dipartimento di diritto del lavoro - Microsoft teams