Health Law and Professional-Ethical Liabilities
A.Y. 2022/2023
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
- know the basic technical, operational and management procedures to be used in the organization and management of health services provided by rehabilitation professionals
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
Prerequisites for admission
None
Assessment methods and Criteria
The assessment of learning outcomes consists of an integrated written test (4 modules). The test consists in multiple choice questions (8 question for one credit).
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
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.
- 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
The module aims to study:
-Essential features the of Italian constitutional system and of the parliamentary form of government;
- Fundamental rights
- Right to health
- Essential features of the Italian health system
-Essential features the of Italian constitutional system and of the parliamentary form of government;
- Fundamental rights
- Right to health
- Essential features of the Italian health system
Teaching methods
The theoretical frontal lessons will be supported by slides uploaded to Ariel platform.
Teaching Resources
The teacher will upload to the ARIEL website slides concerning the topics discussed in classes.
Administrative law
Course syllabus
- ANALYSIS OF THE ESSENTIAL FEATURES OF THE ADMINISTRATIVE LAW:
- ADMINISTRATIVE ORGANIZATION, INTERORGANIC AND INTERSUBJECTIVE RELATIONS
- ADMINISTRATIVE POWER AND LEGAL SITUATION INTERACTING WITH IT
- DISCIPLINE OF THE ADMINISTRATIVE PROCEDURE AND ALTERNATIVE WAYS PUBLIC ADMINISTRATION COULD EXERCISE ITS POWER
- THE INVALIDITY OF ADMINISTRATION MEASURES AND THE PUBLIC ADMINISTRATION'S RESPONSIBILITY FOR THE DAMAGES CAUSED IN THE EXERCISE OR NON-EXERCISE OF ITS POWER
- HEALTH LAW: STATE AND REGIONAL COMPETENCES
- ADMINISTRATIVE ORGANIZATION, INTERORGANIC AND INTERSUBJECTIVE RELATIONS
- ADMINISTRATIVE POWER AND LEGAL SITUATION INTERACTING WITH IT
- DISCIPLINE OF THE ADMINISTRATIVE PROCEDURE AND ALTERNATIVE WAYS PUBLIC ADMINISTRATION COULD EXERCISE ITS POWER
- THE INVALIDITY OF ADMINISTRATION MEASURES AND THE PUBLIC ADMINISTRATION'S RESPONSIBILITY FOR THE DAMAGES CAUSED IN THE EXERCISE OR NON-EXERCISE OF ITS POWER
- HEALTH LAW: STATE AND REGIONAL COMPETENCES
Teaching methods
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, ULT. ED., LIMITATAMENTE AI CAP. III,VII,VIII, IX PAR. 4 E X
O IN ALTERNATIVA
G. GRECO - M. CAFAGNO - D.U. GALETTA - M. RAMAJOLI - M. SICA, ARGOMENTI DI DIRITTO AMMINISTRATIVO, LIMITATAMENTE AI CAP. III E V
O IN ALTERNATIVA
G. GRECO - M. CAFAGNO - D.U. GALETTA - M. RAMAJOLI - M. SICA, ARGOMENTI DI DIRITTO AMMINISTRATIVO, LIMITATAMENTE AI CAP. III E V
Forensic medicine
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).
- 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
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
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:
Casali Michelangelo Bruno
Labour law
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours
Professor:
Corso Stefano Maria
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: [email protected]
the appointements will be held on line on Teams platform or in presence