Medical law, ethical and professional-legal liability

A.Y. 2019/2020
5
Max ECTS
40
Overall hours
SSD
IUS/07 IUS/13 MED/43
Language
Italian
Learning objectives
The course aims to provide students with the basics of trade union law and labor law. With regard to trade union law, the aim of the course is to develop knowledge about trade union organization, trade union action (collective bargaining) and collective self-defense (strike), both with reference to private and public employment. With regard to labor law, the teaching aims to provide students with the knowledge of the main regulations governing the employment relationship. The teaching, in particular, aims to make students understand the rules of the contractual constitution of the standard and non-standard employment relationship (temporary contracts, temporary agency contracts); the rules governing the execution phase (time, duties, remuneration, etc.) and those governing its extinction (dismissal).
Expected learning outcomes
At the end of the course, the student, in order to pass the exam successfully, must be able to demonstrate knowledge and understanding of the discipline of trade union law and labor law. The student must also demonstrate to have acquired the ability to apply the abstract legal concepts learned in class to concrete cases that pose legal problems of labor law. Furthermore, upon completion of the course, the student is expected to have matured: - Autonomy of judgment. In particular, the student must demonstrate, during the lessons and the exam, to have acquired critical positions based on the topics covered in the course. - Communication skills: the student must demonstrate that he / she has acquired sufficient argumentative ability and language ownership regarding the topics covered during the course that allows communication with specialist interlocutors. - Ability to learn: the student must demonstrate to have developed an adequate ability to understand the evolution of the work discipline and its main questions of interpretation that allows to study the legal institutions independently.
Course syllabus and organization

Single session

Responsible
Prerequisites for admission
No prior knowledge is required
Assessment methods and Criteria
They must pass a written multiple choice test, with only one correct answer. Any mistake will result in one point less, starting from 30/30
Diritto del lavoro
Course syllabus
Origin and historical evolution of labor law; labor law and constitution; the sources of labor law;
Organization and trade union action; union and legal system; collective bargaining; strike; labor relations in the company; law and collective agreement;
Employment contract and individual autonomy; subordinate work; self-employed, coordinated and casual work; the structure of the employment relationship; object and place of work; the time of the performance; power of control and protection of privacy; disciplinary power; remuneration; the protection of safety at work; equality and discrimination; work suspension; the termination of the employment relationship; the business crisis; non-standard employment contracts and external work; term work; the work of young people and outsourcing (transfer of business, contracting, work administration).
A specific analysis will be dedicated to the recent labor market reform (c.d. Jobs Act).
Teaching methods
The theoretical frontal lessons will be accompanied by the analysis of practical cases carried out with the participation of students. To support the lectures, the teacher will use slides that will be uploaded to the Ariel platform https://ariel.unimi.it.
Teaching Resources
The teacher makes available to students on the website https://ariel.unimi.it slides that schematically and exhaustively retrace the topics covered in the lesson.
For any further information that the student deems appropriate, we recommend the manual of R. Del Punta, Diritto del Lavoro, Giuffrè, Milan, last edition. The adoption of the manual is not compulsory.
Diritto internazionale
Course syllabus
Basics of international law;
- The main sources of international law relating to health protection;
- The right to health as a human right;
- The role of the UN and WHO for the protection of health (in particular the WHO international health regulations)
- At regional level, the role of the European Union and the jurisprudence of the European Court of Human Rights.
Teaching methods
Lectures using Powerpoint presentations, which will all be provided to the students in order to prepare the final exam.
Teaching Resources
A. Gioia, Diritto internazionale, Giuffré, 2015, pp. 1-11; pp. 14-16; pp. 315-29; pp. 409-16;
P. Acconci, Tutela della salute e diritto internazionale, Cedam, 2011, pp. 55-69, pp. 151-75;
L. Poli, La risoluzione n. 2177 (2014) del Consiglio di sicurezza delle Nazioni Unite e la qualificazione dell'epidemia di ebola come minaccia alla pace ed alla sicurezza internazionale, disponibile su www.sidi-isil.org/wp-content/uploads/2015/04/Poli-Ludovica.pdf
G. Palmisano, Il diritto alla protezione della salute nella Carta Sociale europea, disponibile su http://www.sidiblog.org/author/giuseppe-palmisano/
Altri materiali di approfondimento saranno indicati dal docente durante le lezioni e saranno disponibili su Ariel
Medicina legale
Course syllabus
The teaching aims to provide basic knowledge about professional liability in the field of health, with particular regard to:
- Informed consent;
- State of necessity VS private violence crimes or injuries;
- Interdiction, incapacitation, supporting administration;
- Neglicence, imprudence, inexperience, compensation for damage;
- Professional secrecy: admissibility, exonerating circumstances, risks of damaging behaviors;
- Self-injurious behaviors;
- End-of-life (do-not-resuscitate order and ordinance number 207, November 16th, 2018, of the Constitutional Court);
- Cause-and-effect relationship in Forensic Medicine.
Some knowledge about forensic psychopathology and criminology of domestic violence will also be delivered.
Theoretical aspects will be more comprehensive by adding several case studies (decisions in the matter responsability, clinical cases, forensic reports).
Teaching methods
Lectures using Powerpoint presentations, which will all be provided to the students in order to prepare the final exam.
Teaching Resources
The preparation of the exam is based on the slides provided by the professor.
For those who want to deepen:
- Genovese U., Martini F. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Cazzaniga A., Cattabeni C.M., Luvoni R., Zoja R., Compendio di Medicina Legale e delle Assicurazioni, UTET, Torino, 2018
Diritto del lavoro
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor: Ingrao Alessandra
Diritto internazionale
IUS/13 - INTERNATIONAL LAW - University credits: 2
Lessons: 16 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