RIGHT TO HEALTH DENIED! WHAT CAN INDIVIDUAL CITIZENS DO!!!

RIGHT TO HEALTH: ABSTRACTLY UNIVERSAL LAW, GUARANTEED TO ANYONE ON PAPER... BUT IT IS NOT EFFECTIVE IN PRACTICE !

Art 32 of our Constitution reads : “The Republic protects health as a fundamental right of the individual and interest of the community, and guarantees free treatment to the poor (…)”
Health is therefore protected by our system, particularly , And in fact the right to health is defined as a "fundamental" right of the individual, In addition to being a primary interest in the community;
However, the statements of the paper clash with multiple problems regarding the effectiveness of exercise and access to this right.

After about two years of pandemic, the collective spotlight on health are increasingly heated and in the theme of the right to health we find many unresolved issues, in fact the 52,4% of citizens consider critical issues increased, il 41,4% unchanged and the 6,2% worse.

In consideration of the current trend of the contagion from Covid-19, The Campania Region with ordinance 1 of the 7 January 2022, ordered the suspension, a far data dal 10 January 2022 and up to new express disposition, planned hospitalizations both medical and surgical at public health facilities;
There are many performance prescribed by the doctor that patients cannot book in the public, In fact, many citizens declare that it is more difficult to make a specialist visit due to closed clinics.
The consequence is that waiting lists increase, who do not guarantee access to health services in reasonable times.
When a citizen contacts the hospital to set the visits you need, They are booked after at least 6 months!
Precisely for this reason millions of Italians had to contact paid healthcare, to get exams and medical visits less than 10 days, and as many Italian in economic difficulty they had to stop taking care.

Who has already undergone damage from a loss of chance because, having not been able to unjustly submit to medical examinations, e’ entered an irreversible state, losing the possibility of obtaining patrimonial and economic advantages in the future, has the right to compensation for damages!

On paper all the sick, indiscriminately from one's social status, have the right to medical treatments and necessary therapies, But in fact it would seem that those who do not pay are destined to not be able to receive the requested medical treatment.
We cannot accept that only those who have money, and puts the hand to the wallet, It can have the safety and hopes that science is capable of offering in the fight against physical evil.

Injustice is not so inevitable!!!

The postponements of a health that blocked everything as they can be overcome?
A provision in force from 1998, But never applied!

As we know, Institutional competences in the government of health are distributed between the State and the Regions, both engaged in the regulation of health services.

There is a law in force from the distance 1998, The legislative decree 124/1998, but that has never found application ... yet for its reach it should be "sponsored" by the regions, who should ensure health care for individuals, allowing you to protect the entire community!

This law establishes that, If the waiting times for the performance of a performance in public hospitals prolong beyond the term (72 hours for urgent performances,  30 days for specialist visits, 60 days for diagnostic exams, 180 For non -urgent visits or exams), The patient will have the right to undergo the same visit or examination at a private clinic, also at the best European structure, without paying extra costs compared to the health ticket.

Art 3- 13° paragraph of the LG 124/1998 provision, Indeed, that the local health company of belonging and the local health unit, In the context of which the performance is required, must take charge of the costs of the specialist visit, subtracting the cost of the health ticket, which remains the responsibility of the citizen, Unless it belongs to one of the categories for which the exemption of the health ticket is expected.

In particular, the National Health Service has identified 58 performance, of which 43 on an outpatient level e 15 in hospitalization, whose maximum waiting time must be guaranteed to the 90 % of citizens who require it.

Family doctors should notify their patients that, In application of the law, There is a completely legal way to skip waiting lists , so that they can undergo the visit or to the diagnostic examination at a private clinic.
This way is nothing more than a demanding, on which the doctor inserts a code, containing a letter from the alphabet, which gives a priority and a maximum time for the delivery of exams, specialist visits, hospitalizations and surgery interventions.

A national government plan of the waiting lists exists at this purpose, developed by the agreement between the government, The regions and autonomous provinces of Trento and Bolzano, that establishes 4 letters u, B, D e P, which distinguish the priorities of performance.
In particular:

-Letter U identifies the "urgent" performances to which the user has the right by 72 ore. It should be used in serious situations and in order not to decide the indication of urgency it is essential to book the service within 48 hours from the date of prescription;
-Letter B identifies the performance to be provided in a "short" time , no more than 10 days. It should be used in situations where an intervention is necessary otherwise the patient's condition risks worsening;
-the letter d e’ indicated for the "deferrable" performance to be paid by 30 o 60 days (depending on whether they are visits or instrumental diagnostic tests). It should be used in situations where the least rapid performance does not affect the patient's health;
-The letter P is indicative of the visits and the "scheduled" exams to be provided by 180 days. It should be used in non -urgent situations.

The image of desperate families for long waiting lise, For the impossibility of receiving the medical care that one needs, they must not make us fall into the sadness of defeatism! There is a solution and therefore the Viino law firm invites all people, which have been postponed beyond the maximum times envisaged by the National Health System, to go to the family doctor in order to be certified the urgency on the codes!

Diagnostic and specialist performance

Performance in hospitalization, in day hospital e Day surgery
As seen from the table, For a series of interventions, waiting times have been established. For other interventions, Instead, It is essential to refer to the indication of the priority class:

Priority classes:

The priority class of a performance is established and marked by the doctor compiler. The demanding must be completed following the formal criteria established by the Region (Dgr n. 597/2011).

Each citizen must supervise the quality of public health:
If family doctors are wrong, patients should contact the ASL of belonging directly

The time of the disease is the time of fragility. Our recent history should have helped us to mature a common consciousness, Attention to the disease and the patient.

The dramatic story of Covid, should have taught us that the disease, In addition to being a sign of man's fragility, It is also the result of a world that cannot keep the good of living.

Health protection is “a state of complete physical well -being, mental and social and not only the absence of illness or disability "as defined by the World Health Organization.

In the Italian constitutional perspective, fundamental health profiles are the right to psycho-physical integrity but also the right to health services, as a social right or positive claim to public power and doctors, who must ensure health care and prevention services!

If an error by the family doctor damages the patient, The latter will be able to assert medical liability also by contacting the ASL of belonging! This is what the Gelli law establishes, which transpires the same conclusion to which the Court of Cassation had come with the number number 6243/2015.
In particular the art 7, comma 1, of the law number 24/2017 states that “The public or private health or social and social and health facility that, in the fulfillment of one's obligation, He makes use of the work of operators the health profession, even if chosen by the patient and even if not employees of the structure itself, respond, Pursuant to articles 1218 e 1228 of the civil code, of their painful or culpable conduct”.

Paragraph 2 it needs: “The provision referred to in paragraph 1 It also applies to the health services carried out under the free intramural profession or in the context of experimentation and clinical research activities or in the agreement with the national health service as well as through telemedicine”.
This means that the health facility is called to respond contractually for everything that happens within its own area of ​​competence, and therefore also of the work of the subjects it makes use of and of the basic doctors.

In front of the obvious problems of the National Health Service, The result of a public health definancing policy, The health of citizens must be protected and the patient must denounce errors so that those who make mistakes take their responsibilities!

The disease cannot be the result of collective unconsciousness!

*****

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The Law Firm Vinino, who had the opportunity to listen and give voice to the many people who asked for help, pays due attention to citizens and denounces the real situations of injustice present in the country.

Italians are hungry for justice and this condition depends above all on the myopia of the political ruling classes, which do not promote the spread of a culture of legality in our region.

The Law Firm Vinino therefore urges civil society to promote justice and advertises a lawful use of public healthcare.

                                                   Specifically

                                      Invite all readers a:

-ask for compensation, If they suffered damage from the delay of instrumental exams and medical visits, In fact, the political class is responsible, which allowed only those who put their hand to the portfolio could be cured

-go to family doctors, If they have been postponed for visits or exams, In addition to the waiting times envisaged by the National Health System, In order to be certified the urgency on the codes!
In particular, The demanding must contain the letter:
-“U”, If it is the "urgent" performance to which the user has the right by 72 ore.
-“B”, If you have to provide the performance in a "short" time , no more than 10 days.
-“D”, for "deferrable" performance to be provided by 30 o 60 days (depending on whether they are visits or instrumental diagnostic tests).
-“P”, for visits and "scheduled" exams to be carried out by 180 days

– report the basic doctors, who no longer visit patients and do not establish them about the solutions to overcome the postponements of a health care that blocked everything!
If doctors make mistakes by damaging citizens, These can assert medical liability, and get compensation, also by contacting the ASL of belonging.

Asks the institutions of:

-restore medical examinations and respect waiting times to guarantee the right to health

-inform the citizenship all that there is a law, it dlg 124/1998, which can be implemented, If the waiting times for carrying out a diagnostic examination in public hospitals is prolonged.
In this case, the patient has the right to undergo the same exam at a private clinic, without paying extra costs compared to the health ticket;
In particular, the waiting time must not be higher than
-72 hours for urgent performances;                                             
-30 days for specialist visits ;
-60 days for diagnostic exams ;
-180 For non -urgent visits or exams.

THE care of ricardo vizzino