Health law and professional-ethical liabilities

A.Y. 2021/2022
6
Max ECTS
48
Overall hours
SSD
IUS/07 IUS/09 IUS/10 MED/43
Language
Italian
Learning objectives
The Integrated course is aimed at acquiring knoweldge on the law general principles and its sources of production. It includes 4 teaching units with the common objective to communicate knowledge of the legal system on various backgrounds.
Expected learning outcomes
At the end of the course, the student will be able to:
- know the basic technical, operational and management procedures to be used in the organization and management of health services provided by rehabilitation professionals
Course syllabus and organization

Single session

Responsible
More specific information on the delivery modes of training activities for academic year 2021/22 will be provided over the coming months, based on the evolution of the public health situation.
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.
Labour law
Course syllabus
Course Introduction;
- Law Sources in private and public sector employment;
- Constitutional principles;
- Protected interests;
- Organization and employment in the public and private sectors;
- Legal developments in the health sector;
- Article 39 of the Italian Constitution and freedom of union organization;
- Collective Labour Righs;
- Representation and Representativeness in the public and private sectors;
- Collective Bargaining in the private and public sectors;
- Collective Bargaining and Collective Labour Rights;
- Negotiability of managerial prerogatives;
- Strike regulation;
- The regulation of strike in essential public sector services;
- Employment and Self-Employment;
- The principles in matter of personnel hiring in the public and service sectors;
- Personnel mobility;
- Permanent hiring of temporary workers;
- Flexible working arrangements;
- Power of direction, power of monitoring and disciplinary power;
- Job tasks and assignments;
- Health and safety at the workplace;
- Working Time;
- Wage;
- Contract Suspension;
- Dismissal regulation;
- Performance Evaluation.

For further info on the Course program see https://ariel.unimi.it.
Teaching methods
The lectures will be supplemented by the analysis of significant judgments issued by the Constitution Court, by the Cassation Court and by the Italian Merit Courts on the most controversial and debated labour law matters concerning health-care and health sector employment.
Teaching Resources
The Instructors will provide the students with the materials aimed at supporting the comprehension of the Course content on the dedicated Page on ARIEL: https://ariel.unimi.it.
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.
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).
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.
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
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
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
Labour law
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor: Timellini Caterina
Public law
IUS/09 - PUBLIC LAW - University credits: 1
Lessons: 8 hours
Professor: Osti Alessandra
Professor(s)
Reception:
In order to schedule an appointment, please write at: alessandra.osti@unimi.it
the appointements will be held on line on Teams platform or in presence