LEGAL AND ECONOMIC SCIENCES
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- Versione italiana
- Academic year
- 2018/2019
- Teacher
- ROSA MARIA GAUDIO
- Credits
- 12
- Didactic period
- Primo Semestre
Training objectives
- This Course follows a training program that has a general objective of promoting to the student the basic knowledge of legal and economic sciences.
FORENSIC MEDICINE
The course offers the general framework of the profession in the context of the legislative national and European level and in the light of the provisions of the
constitutional precepts and regulatory (general and special) currents.
Knowledge and understanding –specific learning of the following topics: professional fields of relevance forensic projection criminal law, statutory and private-with relevance to the social security system, with particular regard to the crimes and offenses (failure to report, violation of professional secrecy, improper practice).
The ability to apply knowledge and understanding to evaluate specific problems in the professional practice regarding the main concept of the health service and inadequacy of the technical behavior, namely the concept of guilt and repercussions for insurance purposes.
ADMINISTRATIVE LAW
The course focuses on providing the essential elements for the comprehension for the organizing the public administration, with particular reference to the health sector.
In this respect, the main administrative law institutes will be dealt with together with the essential normative (state and regional) and jurisprudential references with a view to informing both the current characteristics of the health administration and the ways in which it operates. This always taking into account the position of the citizen in relation to the acts and the services rendered by the Health Service.
LABOUR LAW
The main goal of the course is to provide knowledge of the structural elements of the labor legislation on work done on behalf of others so dependent, with particular reference to the relationship between the rules of the individual relationship and the rules of the relationship between collective formations of workers and employers. The ability to apply knowledge and understanding is provided to the students which are equipped of the instruments to recognize and distinguish the essential features of the employment relationship.
ELEMENTS OF THE CONSTITUTIONAL RIGHT TO HEALTH
The Course aims to provide knowledge of the constitutional right to health, recognized and guaranteed by Article 32 of the Italian Constitution and by the Charter of Fundamental Rights of the European Union. The right is analysed as a right of freedom (right to psyco-physical integrity, consent to treatment) and as a social right (access to free healthcare). Particular attention is paid to the case law of the Constitutional Court.
APPLIED ECONOMICS
The course is focused on basics knowledge of innovation management with particular reference to the protection of intellectual property with regards to both public and private sectors.
ECONOMY AND ORGANIZATIONAL STUDIES
The unit aims at developing students' learning with regard to the basics knowledge for a good understanding of the managerial process, the main managerial tools, and at developing the ability to recognize the operational characteristics of management with regard to both private and public organizations.
ORGANIZATION IN HEALTHCARE
The main goal of the course consists in providing to the students the knowledge and understanding for the basics of organization, as well as of the main components of the organizational model. The ability to apply knowledge and understanding to evaluate specific problems linked to the main organizational mechanism in the operational context of health care organizations present in the territory. Prerequisites
- Knowledge of the principles and fundamental concepts of private law and constitutional law.
Knowledge of the basic principles and fundamental Health Institutions. Course programme
- FORENSIC MEDICINE
Concept of responsibility, in accordance with Art. 32 of the Constitution.
Responsabilities of the health professional: failure to report, violation of professional secrecy, unlawful practice of the profession.
Concept of health services inadequate and negative consequences for the health of the patient.
Offense (criminal liability), damage (liability), failure to comply with regulations or contractual (disciplinary liability). Manslaughter. Injury personal. Causal relationship and the concept of guilt.
ADMINISTRATIVE LAW
The concept of public service and public interest with specific reference to the duties of the public administration for the protection of health.
Legal positions: subjective right, legitimate interest, collective interest, widespread interest and interest in fact (with large series refers to the exercise of powers in the health field).
The principles on the activity of the public administration: the principles of constitutional order and those dictated by the legislator. The law 07.08.1990 n.241 subsequent amendments. The administrative procedure and its phases. Acts and measures. Silence significant. The agreements between public administration and private.
LABOUR LAW
A brief history: the Constitution today. The work in the global market. Brief critical to the relationship between labor law and law of the labor market. The sources of labor law into national law and the European Union. The union and the collective agreement, its subjective and objective effectiveness in the public sector. Bargaining in the health sector. The strike in essential public services.
The employment contract: the term and atypical employment contract. The working hours. The remuneration. The obligations of the worker and the disciplinary sanctions. The tasks and their change. The organization of work: the limits to the steering and control power. The withdrawal, dismissal and resignation: the remedies to unfair dismissal.
ELEMENTS OF THE CONSTITUTIONAL RIGHT TO HEALTH
The constitutional, European and legislative framework. Health as a fundamental right of the individual and as a public interest. Free and informed consent. Compulsory health treatments and their limits. The living will (Law n. 219/2017). The social profile of the right of health. The evolution of the health system in Italy. Competences in health law between State and Regions.
APPLIED ECONOMICS
Difference between invention and innovation. The different tipologies of innovation.
The protection of intellectual property: the main regulations. The different types of intellectual property. Advantages and disadvantages of different forms of protection.
ECONOMY AND ORGANIZATIONAL STUDIES
Italian national health service structure. Government and governance concepts.Basics of organizational studies by H. Mintzberg: organizational structures, models, coordination. Health care organizations’ structure: departments and units.
Implications for human resources behavior.
The role of human resources for an effective organizational model.
ORGANIZATION IN HEALTHCARE
Historical informations. Health system funding: from whom and to whom. Principles of organization, efficiency, efficacy.
Concepts of audit, budget, reporting, standard indicators. Definition of azienda, departments, simple and complex units. Mission and characteristics of Azienda Ospedaliera-Universitaria and territorial Azienda. Mission and duties of General Director, Administrative Director, and Medical Director. Didactic methods
- Lectures
Learning assessment procedures
- FORENSIC MEDICINE: written exam based on 45 multiple-choice questions with increasing difficulty and with 4 options. The time made available is 60 minutes.
ADMINISTRATIVE LAW: written exam based on two open questions in about half an hour. The maximum total score is awarded 24 points. The written exam is followed by an oral exam consists of two questions in which you evaluate the knowledge and understanding up to a maximum score of 8 points with ability to assign laud.
LABOUR LAW: written exam with 4 answer questions. The time made available is 60 minutes. The vote is the average of the marks obtained for each answer.
ELEMENTS OF THE CONSTITUTIONAL RIGHT TO HEALTH: Written exam with 3 open questions. The time made available is 60 minutes. The mark is the average of the marks obtained for each answer.
APPLIED ECONOMICS: students’ assessment is based on a close test organized in 15 questions to be replied in about half an hour. For each question, three possible replies can be chosen, only one of them is the right one. For each wrong answer and for each question not replied, 1 points will be deducted from the maximum mark.
ECONOMY AND ORGANIZATIONAL STUDIES: ORGANIZATIONAL STUDIES: students’ assessment is based on 2 questions with open answer. Positive test: equal or higher than 18/30. Allowed time: 1 hour
ORGANIZATION IN HEALTHCARE: multiple choice written test: 30 closed-answer questions, with 4-5 possible responses each (one only right response), with a score definition of 1 point for each correct response, 0 point for each ungiven response,- 0.50 point for each wrong response. Positive test: equal or higher than 18/30. Allowed time: 30 minutes.
THE FINAL GRADE IS A ARITHMETIC AVERAGE OF THE MARKS OBTAINED IN EACH TESTS. Reference texts
- FORENSIC MEDICINE
L. Macchiarelli, P. Arbarello, G. Cave Bondi, T. Feola, Compendio di medicina legale, Edizioni Minerva Medica, Torino 1998
C. Gerin, F. Antoniotti, S. Merli, Medicina legale e delle assicurazioni, Società Editrice Universo, Roma 1997ADMINISTRATIVE LAW, LABOUR LAW, ELEMENTS OF THE CONSTITUTIONAL RIGHT TO HEALTH, APPLIED ECONOMICS, ORGANIZATION IN HEALTHCARE, ECONOMY and ORGANIZATIONAL STUDIES
Materials provided by the teacher.
