The Lazio TAR blocks the watchful wait: “The doctor must act in science and conscience”

ROME – “It is the essential duty of every healthcare professional to act according to science and conscience, taking responsibility for the outcome of the prescribed therapy as a consequence of the professionalism and specialist qualification acquired”. With this motivation for the sentence, the Lazio TAR accepted the appeal presented by the Covid-19 Home Care Committee, signed by the president and lawyer Erich Grimaldi and by the lawyer Valentina Piraino, against the ministerial guidelines of April 26, 2021, for home treatment of Covid patients.

The AIFA Prescription “, continues the TAR,” as borrowed from the Ministry of Health, contrasts with the required professionalism of the doctor and with his professional ethics, imposing, indeed preventing the use of therapies which the latter may consider suitable and effective to contrast the COVID-19 disease, as happens for any therapeutic activity “.

Therefore, concludes the administrative court, “the content of the ministerial note, imposing punctual and binding therapeutic choices on doctors, is in contrast with the professional activity as delegated to the doctor in the terms indicated by science and professional ethics. For these reasons, the appeal must be accepted “.

“Finally a fixed point in a battle that we have been carrying out for two years, is the end of the watchful wait – explained the president CDC-19 lawyer Erich Grimaldi – to demonstrate that the ministerial guidelines were in fact a tool to bind doctors to general medicine to any responsibilities deriving from the therapeutic choice.

This is how, Grimaldi added, “the Government, by binding doctors, effectively deprived citizens of early home care, paralyzing local health care, and brought the hospital system to collapse, with all the dramatic consequences that thousands of families know about. unfortunately very well “.

“Therapeutic choices have always been a duty and a right of doctors, yet those who have treated at home have been unjustly mistreated and accused several times of acting in bad faith – said the spokesperson for CDC-19, Valentina Rigano – instead of listening and acknowledging the constant requests for collaboration that we have repeatedly proposed to the Ministry, to find a common solution to the emergency, those who made decisions have ignored the skills and experience of thousands of doctors ”.

Then he concluded, “this decision crystallizes once and for all what the role of the general practitioner is, that is to act and not leave Covid patients to wait for the disease to evolve”.


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