Hereditary breast and gynecological tumors: italian legal issues.

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Abstract

The availability of diagnostic and therapeutic procedures that lower the risk for developing hereditary family-related tumors is weighed against Italian ethical and legal provisions. The healthcare environment in which a professional works should require that he possess specific technical, relational and medical competencies based upon legal orientation in addition to scientific evidence. Particular emphasis is attributed to the doctor-patient relationship, with explicit reference to the following: 1) All of the information at hand that is required to achieve a "therapeutic alliance" that combines the best interests of the patient with treatment options; 2) The completeness and intelligibility of health records, as they are likely to explain the background logic and the following of scientific clinical procedure; 3) The observance of guidelines and protocols, and their relevance to the legal responsibility of the individual and health care companies; 4) The need of a multidisciplinary approach in the treatment of these patients and the obligation of the team to have malpractice insurance. Advances on "provisions concerning liability of health personnel", which is currently awaiting approval, allows the professional to protect the patient's health without the fear of being unnecessarily censured, and unjustified from a penal or civil point of view which can deteriorate the relationship of trust and cooperation established.