“IS unavoidable burden of each healthcare professional to act according to science and conscience, taking responsibility for about the outcome of the prescribed therapy as a consequence of the professionalism and specialist qualification acquired “. With this motivation to the sentence, the Lazio Tar accepted the appeal presented by Covid-19 Home Care Committee, signed by the president and lawyer Erich Grimaldi and the lawyer Valentina Piraino, against the ministerial guidelines of April 26, 2021, for the home treatment of Covid patients. The AIFA Prescription ”, continues the TAR,“ as borrowed from 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 in combating 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 the general practitioners to any responsibilities that derive from the therapeutic choice “here is how, added Grimaldi” the Government, by binding doctors, has effectively deprived citizens of early home care, paralyzing local health care, and led to the collapse of the hospital system, with all the dramatic consequences that thousands of families unfortunately know 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 spokeswoman 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”.