Health Law and Professional-Ethical Liabilities

A.Y. 2025/2026
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
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

Prerequisites for admission
None
Assessment methods and Criteria
The learning outcomes are assessed through a single exam organized in specific sessions defined as per the Regulations.
The test is unique for the integrated course; the final grade, expressed in thirtieths, is given on the basis of the average of the grades obtained for the two parts of the course.
For each academic year, up to a maximum of six exam sessions may be scheduled; two in each session. There are no intermediate or pre-exam sessions. Teaching materials or notes are not permitted for the exam. The results are published online on the MyARIEL website of the course and students, upon request, can view the exam by making an appointment with the Teachers.
The exam is recorded through the University online procedure by the President of the Examination Commission.
The procedures for each teaching module are described below.
Labor Law
Regarding the teaching of Labor Law, the exam consists of a written test with 20 quiz questions and one short open-ended question. The quizzes have 3 possible answers, of which only 1 answer is correct. The final grade, expressed in thirtieths, is awarded based on the proportion of correct answers to the total number of questions.
The grade for this teaching unit will contribute, by a weighted average, to the final grade for the Course.
The time allotted for the test is 60 minutes. Students may withdraw from the test at any time and may view the exam paper by arranging an appointment with the Lecturer. Slides and bibliography are available on the ARIEL site.
Amministrativ law
The examination for the general administrative law part consists of a written test with multiple choice or short open-ended questions. The quizzes provide 4 possible answers, of which only 1 answer is correct; the short open-ended questions require the student to answer to the question in a few lines. The time given for the test is 45 minutes. The student may withdraw from the test at any time.
The exam for the special part consists of the evaluation of a paper related to one of the topics proposed and discussed in class.
Public law
The final exam consists of a written test, including:
Multiple-choice questions (4 options, 1 correct answer)
Short open-ended questions
The duration of the test is 45 minutes. Students may withdraw at any time. The exam is part of the integrated course; the final grade, expressed in thirtieths, is calculated as the average of the other parts.
Legal Medicine
The final exam consists of a written test, including 10 Multiple-choice questions (4 options, 1 correct answer)
The duration of the test is 45 minutes. Students may withdraw at any time
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 theoretical frontal lessons will be supported by slides uploaded to Ariel platform
Teaching Resources
Materials provided by the teacher.
Public law
Course syllabus
The module is divided into two parts:
General Part - Foundations of Public and Constitutional Law
Constitutional theory and key elements of a Constitution
Forms of State and forms of Government
Fundamental principles of the Italian Constitution
Parliament: composition, functions, legislative process
Government: formation, functions, and confidence relationship
The President of the Republic: constitutional role
Sources of law and main legislative acts (ordinary law, decree-law, legislative decree)
The Constitutional Court: composition, functions, types of rulings
The Italian judiciary system: ordinary magistracy and special jurisdictions
Special Part - The Right to Health and Health Systems
Article 32 of the Constitution and the right to health: content and guarantees
Historical evolution of health protection in Italy: from mutual aid to the National Health Service (SSN)
Law no. 833/1978 and reforms of the national health system
Division of competences between State and Regions in health matters (Title V of the Constitution)
Health systems in a comparative perspective: France, Germany, Spain, Sweden
Active participation is expected through classroom discussions and, where applicable, the preparation of a short paper on a special topic.
Teaching methods
The theoretical frontal lessons will be supported by slides uploaded to Ariel platform.
Teaching Resources
Slides and course materials uploaded to Ariel
Additional readings provided during lessons
Optional readings:
V. Onida, Lineamenti di diritto costituzionale
G. Zagrebelsky, Diritto costituzionale
Institutional websites: senato.it, camera.it,
Administrative law
Course syllabus
The course aims to provide the basic elements in administrative action and to delve into topics specific to health law.
The module is divided into a first part devoted to general administrative law that will mainly analyze the following notions and institutions:
- Administrative power and subjective legal situations that dialogue with it: legitimate interests and subjective rights;
- Discipline of administrative procedure: the main institutes provided for by Law 241/1990;
- Pathologies of the administrative measure.
The second part of the course is devoted to an in-depth study of specific topics related to the right to health, identified from time to time by the professor, also in consultation with the students. Active participation of the students is expected with classroom discussion of the topics and preparation of a paper that will be assessed.
Teaching methods
Face-to-face lessons scheduled according to a timetable published on the Ariel website of the course of study
Teaching Resources
Slides and materials published on Ariel;
For possible in-depth study of the general administrative law part, we recommend G. Greco - M. Cafagno - D.U. Galetta - M. Ramajoli - M. Sica, Topics in Administrative Law, 2021, limited to chapters I and III
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).
Teaching methods
Face-to-face lessons scheduled according to a timetable published on the Ariel website of the course of study.
Teaching Resources
Material provided by the teacher.
Modules or teaching units
Administrative law
IUS/10 - ADMINISTRATIVE LAW - University credits: 2
Lessons: 16 hours

Forensic medicine
MED/43 - FORENSIC MEDICINE - University credits: 1
Lessons: 8 hours

Labour law
IUS/07 - LABOUR LAW - University credits: 2
Lessons: 16 hours

Public law
IUS/09 - PUBLIC LAW - University credits: 1
Lessons: 8 hours
Professor: Fuschi Damiano