Aspetti medico-legali e giuridico-deontologici del trattamento sanitario obbligatorio

Abstract

Health treatments usually need a consenting patient but in cases as infective diseases, industrial accidents or mental diseases physicians can apply to MT (Mandatory Treatment). In Italy the first laws concerning obligatory treatment of psychiatric diseases date back to the beginning of 20th century and have been recently modified to have more guarantees of patient’s life and health. In order to allow a MT we need 3 conditions: an emergency situation caused by a health diseases, a non-consenting patient, impossibility to begin an adequate therapy outside hospitals. Any physician can “suggest” a MT to his patient describing briefly the disease and his clinical conditions. The “proposal” must be sent to the Mayor and has to be approved by another doctor working in the ASL (local public health unit). Then the Mayor has 48 hours to send everything to a judge who will validate or not the MT. Health treatment is carried out by Police. MT cannot last longer than 7 days.