The TAR suspends the circular from the Ministry of Health which provided for “vigilant waiting” and the administration of NSAIDs and paracetamol (the family “Speranza cure”) during the first days of the illness for patients at home, accepting the appeal of the Home Care Committee COVID-19.
For the judge, the content of the ministerial note “is in contrast with the professional activity as delegated to the doctor in the terms indicated by science and ethics”.
Two years of Tachipirina and watchful waiting have aggravated the Italian citizens who, positive to the covid, could have been treated at home, without necessarily having to end up in hospital to increase the terror numbers.
Therefore, the circular from the Ministry of Health updated to 26 April 2021 is canceled, in the part in which, in addition to providing for the “vigilant waiting” in the first days of the onset of the disease, it also sets out indications of not using all the drugs generally used by general practitioners for Covid patients.
The provision of the Aifa and the Ministry of Hope prevent the doctor’s work and the use of alternative therapies.
For the TAR, “apart from the legal validity of these prescriptions, it is the essential duty of every healthcare professional to act according to knowledge and conscience, assuming responsibility for the outcome of the therapy prescribed as a consequence of the professionalism and specialist qualification acquired.
The prescription of AIFA, as borrowed from the Ministry of Health, therefore contrasts with the required professionalism of the doctor and with his professional ethics, imposing, indeed preventing the use of therapies which the latter may possibly consider suitable and effective to contrast with Covid-19 disease as it happens for any therapeutic activity “.
The conclusion is that “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 by science and professional ethics”.
The lawyer Grimaldi, who brought forward the appeal, comments “It is the end of the watchful wait, now the responsible doctors”