• Wed. Jan 26th, 2022

Covid, Tar Lazio cancels ministry circular on ‘vigilante waiting’


Jan 15, 2022

The Lazio TAR, Section Terza Quater, accepted the appeal filed against the Ministry of Health for the cancellation, after suspension, of the circular of the Ministry of Health “containing updated ‘Home management of patients infected with Sars-Cov-2’ to April 26, 2021, in the part in which, in the first days of sickness from Sars-Cov-2, it only provides for a ‘vigilant waiting’ and administration of NSAIDs and paracetamol and in the part in which it sets indications of not using all drugs generally used by general practitioners for covid patients “. “The criticized guidelines, as admitted by the defendant herself, constitute mere exemptions in the event of unfavorable events – observes the TAR – Apart from the legal validity of these prescriptions, it is the essential duty of every healthcare professional to act according to science and conscience, assuming the responsibility for the outcome of the therapy prescribed as a consequence of the professionalism and specialist qualification acquired. The AIFA prescription, as borrowed from the Ministry of Health, therefore contrasts with the required professionalism of the doctor and with his professional ethics, imposing, on the contrary, preventing the use of therapies which the latter may possibly consider suitable and effective in contrasting the Covid 19 disease as is the case for any therapeutic activity “. According to the Lazio TAR, 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 “.