Medical and legal problems in intermediate intensive units.
Due to a lack of legislation on the subject (the only data concerns the standard of hospital personnel in the Ministerial Decree (DM) of 13th September 1988), the medical and legal problems are concerned, in the first instance, with defining the type of unit, the context within which it can be placed and the eventual access to essential services and minimum equipment. With regard to responsibility, bearing in mind that the medical team of the intermediary unit (as with all other hospital teams) is employed by the public National Health Service, medical malpractice can be associated with lack of equipment and an inadequate public health service, which is often the cause. If penal responsibility is strictly personal (art. 27 of the Constitution) the civil relationship is, on the one hand, a relationship between the administration and the patient (the physician as employee must give his services within the Health Service and does not have an official personal relationship with the patient) so the Hospital organisation has a contractual type of civil responsibility whereas the employed doctors have an extra-contractual responsibility with different obligations. These responsibilities, which are also determined by the functions of the physician within the USL Health Service (DPR n. 761/1979), can also include control of non-medical staff, control of the equipment, specific training of personnel, etc. Problems concerning the admission of patients to the intermediate unit must also be taken into account (precise evaluation of the indications and of the type of patient to be admitted, refusal of patients in such a condition as to require intensive care or invasive techniques.(ABSTRACT TRUNCATED AT 250 WORDS)
Gherson
G
G
Lung Physiopathology Division, USL C9, Arco di Trento (TN), Italy.
D006801:Humans; D007362:Intensive Care Units / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D007558:Italy; D011383:Progressive Patient Care