Health Law and Professional-Ethical Liabilities

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.

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

- 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

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).