Health Law and Professional-Ethical Liabilities
A.Y. 2020/2021
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.
- 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.
Lesson period: Second semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Most lessons will take place synchronously through the Teams platforms. If possible, some lessons will be organized in presence, following the indications provided by the University as concerns safety and social distancing, with simultaneous activation of the remote mode via Teams. All lessons will be recorded and made available to students on the Ariel platform, together with additional learning materials.
The course program and materials will not change.
During the emergency phase exams will be performed orally through Teams. Whenever possible, written exams - as decribed in the assessment method section - will be organized in presence, following the indications concerning safety and social distancing. The possibility to perform the exam orally in remote mode will be anyway guaranteed for students living in other regions or countries, as well as for students with serious pathologies.
The course program and materials will not change.
During the emergency phase exams will be performed orally through Teams. Whenever possible, written exams - as decribed in the assessment method section - will be organized in presence, following the indications concerning safety and social distancing. The possibility to perform the exam orally in remote mode will be anyway guaranteed for students living in other regions or countries, as well as for students with serious pathologies.
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 master degree.
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 master degree.
Labour law
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
- 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 master degree. 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
Public law
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
No variations of Course Syllabus in case of health emergency.
No variations of Course Syllabus in case of health emergency.
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 to the ARIEL website slides concerning the topics discussed in classes and a brief handbook of Italian public law to use for the exam preparation.
Administrative law
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).
- 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 master degree.
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 https://www.giurcost.org/index.php): C. Cost, 16 ottobre 1990, n. 455; 26 giugno 2002, n. 282 e 27 marzo 2003, n. 88.
Knowledge of the following Constitutional Court judgements (available on website https://www.giurcost.org/index.php): C. Cost, 16 ottobre 1990, n. 455; 26 giugno 2002, n. 282 e 27 marzo 2003, n. 88.
Forensic medicine
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
- 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 master degree. 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. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Birkhoff J.M., Nozioni di Medicina Legale, Franco Angeli, 2011
Optional readings for in-depth learning
- Genovese U., Martini F. (a cura), La nuova responsabilità professionale in Sanità, Maggioli Editore, 2017;
- Birkhoff J.M., Nozioni di Medicina Legale, Franco Angeli, 2011
Modules or teaching units
Administrative law
IUS/10 - ADMINISTRATIVE LAW - University credits: 2
Lessons: 16 hours
Professor:
Lattanzi Giacomo
Forensic medicine
MED/43 - FORENSIC MEDICINE - University credits: 1
Lessons: 8 hours
Professor:
Merzagora Isabella
Labour law
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor:
Ingrao Alessandra
Public law
IUS/09 - PUBLIC LAW - University credits: 1
Lessons: 8 hours
Professor:
Iacometti Miryam
Professor(s)
Reception:
Mon 11:00
Dipartimento di diritto del lavoro - Microsoft teams