ID:
508708
Duration (hours):
60
CFU:
6
SSD:
DIRITTO AMMINISTRATIVO
Year:
2025
Overview
Date/time interval
Primo Semestre (22/09/2025 - 27/11/2025)
Syllabus
Course Objectives
The course aims to provide the student with a basic knowledge of the relevant rules and principles in the subject. Particular attention will be paid to the analysis of jurisprudential decisions, with the aim of providing the student with the tools to understand them, criticize them and formulate any alternative solutions. The first module of the course will be devoted to the examination of the most relevant aspects of the public discipline of the right to health, starting from its constitutional protection up to the corresponding implementation in the National Health Service. The second module will focus on the doctor-patient relationship, patient-healthcare structure, medical-healthcare structure, which pose delicate problems in defining the respective subjective legal positions and allocating damage from medical malpractice.
Course Prerequisites
Prerequisites for attending the course are the passing of the exams of Constitutional Law and Institutions of Private Law I.
It is recommended that the student have taken the exams of Institutions of Private Law II and of Administrative Law, or at least attended the relevant lessons.
It is recommended that the student have taken the exams of Institutions of Private Law II and of Administrative Law, or at least attended the relevant lessons.
Teaching Methods
The lessons will mainly follow a case study and seminar approach: the theoretical explanation of the topics will be made through classroom discussions of jurisprudential cases with the involvement of the students.
Assessment Methods
The assessment of the learning takes place through an oral exam, in which both the basic regulatory knowledge and the mastery and application of the relevant principles and categories in the field of Health Law are highlighted, in order to solve practical cases submitted to the attention of the student or to discuss the jurisprudential solutions analyzed during the lessons.
Texts
The material, useful for the preparation of lessons and the final exam, will be uploaded on the KIRO platform (https://elearning2.unipv.it/giurisprudenza/).
For the Public Law module, in addition to the material on KIRO, the following text is suggested, limited to the parts indicated:
A. Pioggia, Health and social services law, G. Giappichelli, 2018, chap. I (par. 1, 3 and 5), II, III, pp. 1-8, 19-26, 34-39; 43-67, 71-135.
For the Private Law module, the student, at his choice, can decide to prepare the exam on the materials uploaded on the Kiro platform.
Or on the following text: p.1 to 25 and 231 to 380 (chap. III, section I and II).
For the Public Law module, in addition to the material on KIRO, the following text is suggested, limited to the parts indicated:
A. Pioggia, Health and social services law, G. Giappichelli, 2018, chap. I (par. 1, 3 and 5), II, III, pp. 1-8, 19-26, 34-39; 43-67, 71-135.
For the Private Law module, the student, at his choice, can decide to prepare the exam on the materials uploaded on the Kiro platform.
Or on the following text: p.1 to 25 and 231 to 380 (chap. III, section I and II).
Contents
The first module of the course (held by Dr. Vittorio Pampanin) will be dedicated to the examination of the most relevant aspects of the public discipline of the right to health, starting from its protection at the constitutional level up to the corresponding implementation in the National Health Service.
Taking into account the current distribution of legislative and administrative competences between the State, Regions and local authorities, particular attention will be paid to the programming, determination and delivery of the essential levels of health service performance and to the protection tools for citizens / users. The organizational aspects of the national health system relating to both decision-making structures (healthcare companies) and performance structures, both public and private, will also be analyzed. Some notes on the discipline of management and the financing of the national health service will also be provided.
The second module of the course (taught by Prof. Nicola Rizzo) will focus on the relationships between doctor and patient, health structure and patient, doctor and health structure, which pose delicate problems of defining the respective subjective legal positions and allocation of damages by medical malpractice.
Law 8 March 2017, n. 24 aims to achieve an organic arrangement of the health liability system.
From a civil law perspective, the issues that will be considered are the nature of the responsibility of the healthcare facility and the doctor and the internal relations between the hospital and doctor.
With reference to the responsibility of the health structure, the autonomous responsibility of the structure for negligence attributable to its organization will be analyzed, on the one hand, and the responsibility of the structure for the non-diligent execution of the health service by the doctor (lato sensu) dependent, on the other.
Particular attention will then be paid to the analysis of the judgment on the doctor's civil liability.
The course aims to contribute to the realization of some of the objectives of the UN 2030 Agenda, with particular attention to goals n.3
Taking into account the current distribution of legislative and administrative competences between the State, Regions and local authorities, particular attention will be paid to the programming, determination and delivery of the essential levels of health service performance and to the protection tools for citizens / users. The organizational aspects of the national health system relating to both decision-making structures (healthcare companies) and performance structures, both public and private, will also be analyzed. Some notes on the discipline of management and the financing of the national health service will also be provided.
The second module of the course (taught by Prof. Nicola Rizzo) will focus on the relationships between doctor and patient, health structure and patient, doctor and health structure, which pose delicate problems of defining the respective subjective legal positions and allocation of damages by medical malpractice.
Law 8 March 2017, n. 24 aims to achieve an organic arrangement of the health liability system.
From a civil law perspective, the issues that will be considered are the nature of the responsibility of the healthcare facility and the doctor and the internal relations between the hospital and doctor.
With reference to the responsibility of the health structure, the autonomous responsibility of the structure for negligence attributable to its organization will be analyzed, on the one hand, and the responsibility of the structure for the non-diligent execution of the health service by the doctor (lato sensu) dependent, on the other.
Particular attention will then be paid to the analysis of the judgment on the doctor's civil liability.
The course aims to contribute to the realization of some of the objectives of the UN 2030 Agenda, with particular attention to goals n.3
Course Language
Italian
More information
Inclusive measures in favour of specific categories of students.
For the students with a certification to be in one of the conditions determined by the guidelines of the University (worker; caretaker of family members; civil invalidity; differently abled or with Specific Learning Disorders; parent; athlete; subject to measures of criminal detention; hospitalized) and who cannot attend the educational activities in person, the professor will guarantee up to two office hours each week, also remotely, with flexibility around the timeframe according to the needs of the
student.
The educational activities will, moreover, be supported by tutoring or by supplementary teaching hours, also after 6 p.m., from Monday to Friday, with the aim of promoting learning also for the students belonging to the above-cited categories.
It needs to be recalled that, in order to have access to the inclusive measures, the qualifying students need to present the relevant instance through their Private Area, according to the instructions published on the website at the following link: https://portale.unipv.it/it/didattica/servizi-lo-studente/modalita-didattiche-inclusive
For the students with a certification to be in one of the conditions determined by the guidelines of the University (worker; caretaker of family members; civil invalidity; differently abled or with Specific Learning Disorders; parent; athlete; subject to measures of criminal detention; hospitalized) and who cannot attend the educational activities in person, the professor will guarantee up to two office hours each week, also remotely, with flexibility around the timeframe according to the needs of the
student.
The educational activities will, moreover, be supported by tutoring or by supplementary teaching hours, also after 6 p.m., from Monday to Friday, with the aim of promoting learning also for the students belonging to the above-cited categories.
It needs to be recalled that, in order to have access to the inclusive measures, the qualifying students need to present the relevant instance through their Private Area, according to the instructions published on the website at the following link: https://portale.unipv.it/it/didattica/servizi-lo-studente/modalita-didattiche-inclusive
Degrees
Degrees (4)
LEGAL SCIENCES OF SECURITY AND SAFETY
Bachelor’s Degree
3 years
Legal Services Studies
Bachelor’s Degree
3 years
2 years
LAW
Single-cycle Master’s Degree
5 years
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