title: [Legal and social responsibilities of the psychiatrist within the public health service].
abstract: The present work is divided into four sections: The first deals with the general criteria for the assessment of responsibility. Aspects of negligence, imprudence and lack of professional skills in psychiatric practice are tackled with particular reference to diagnosis, the prescription of drugs and psychotherapy. The second part deals with the psychiatrist's responsibility in relation to the body in which he operates with particular emphasis on the problems of team work, the responsibilities deriving from the malfunction of the health service, the division of legal and social responsibilities between the psychiatrist and the organisation. The third part tackles certain problems related to the application of Law 180/78, developed in arts. 33-34-35 of Law 833/78. Controversial aspects of obligatory treatment measures (TSO) in situations when mental pathology is either dominant or not are examined. In relation to TSO for mental pathology, the possibility of implementing the measure outside the hospital environment is examined as is the behaviour of the psychiatrist in the face of irregular obligatory hospitalisation. The fourth section draws our attention to: particular aspects of the legal and social responsibilities of the head of a psychiatric diagnosis and treatment service. In particular the problems deriving from the transformation of a TSO into voluntary hospitalisation or its continuation are analysed as are the risks deriving from the patient's release.
mesh_terms: D003134:Commitment of Persons with Psychiatric Disorders / Q000331:legislation & jurisprudence; D006801:Humans; D007558:Italy; D008318:Malpractice / Q000331:legislation & jurisprudence; D008605:Mental Health Services / Q000331:legislation & jurisprudence*; D011570:Psychiatry
vernacular_title: Le responsabilità penali e civili dello psichiatra nell'ambito del servizio pubblico.