We publish the letter that Roberto Carlo Rossi, president of the Provincial Order of surgeons and dentists of Milan, sent to the Minister of Health, Roberto Speranza
We publish the letter that Roberto Carlo Rossi, president of the Provincial Order of Surgeons and Dentists in Milan, sent to the Minister of Health, Roberto Speranza, and to the President of the National Federation of Orders of Surgeons and Dentists ( FNOMCEO ), Filippo Rings
To the Minister of Health
On.le Roberto Speranza
To the President of FNOMCeO
Dr. Filippo Anelli
Hon. Minister, Dear President,
as you know, paragraph 4 of art. 117 of the Legislative Decree so-called " Italy relaunch " provides for the blocking of executions and foreclosures, both ongoing and future, against Healthcare Organizations.
Basically thanks to art. 117 paragraph 4 the Healthcare Authorities will be the only ones to decide which suppliers to prefer in payments, since they no longer have the bogeyman of the supplier's injunction; and this will also be true for doctors (and patients) who boasted rights with respect to the hospital, which is certainly not a peregrine hypothesis, for example in any disputes for failure to protect against Covid risk19.
The Board of Directors of the Order of Surgeons and Dentists that I have the honor of presiding has stigmatized this rule, which will have the more than probable effect of inhibiting and discouraging every entrepreneur from continuing to have supply relationships with Public Health and will induce any injured party, in the doubt of not being satisfied on a practical level with the payment of compensation for a cause, even if it has been won, to involve the Doctors directly in the actions for damages to expand the possibilities of satisfying their credit, thus nullifying the effects of the Law 24/2017 (so-called Gelli-Bianco).
But there is more. The magistrate cannot, of course, directly condemn the insurance in favor of the injured party, but only has the possibility of ordering to reimburse his own insured person, that is the Healthcare Company, from any sentence that he may suffer.
However, with a blockade of foreclosures in place and with a legal system that provides for the indemnity / reimbursement / recourse by the insurance companies in favor of the Healthcare Companies only of what they have already paid to the damaged, for which reason the insurance companies should come forward and to pay his sums directly to the injured, knowing full well that their policyholders cannot be executed and therefore, in fact, their indemnity / reimbursement obligation would never begin to run?
It is true that the "block" is timed: for "only" 7 months but, also in 2010, art. 51 of Law 220/2010 said the same thing. All this should have lasted only until December 31, 2010 and instead it was the Constitutional Court which, only in July 2013, put an end to the extensions of this rule.
Hon. Mr. Minister, dear President, we are therefore requesting an authoritative intervention from you on the Legislator so that this unjust rule is canceled in the conversion into Law.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/mondo/perche-i-medici-di-milano-strattonano-speranza/?utm_source=rss&utm_medium=rss&utm_campaign=perche-i-medici-di-milano-strattonano-speranza on Tue, 09 Jun 2020 08:55:08 +0000.