Menomazioni gravi della salute: “diritto di vivere” o “diritto di morire”? Questioni aperte circa le dichiarazioni di rifiuto delle terapie

The article argues, in the first place, about the criteria of medical treatment, if this is correctly seen to exceed the mere “contractual” doctor-patient relationship. Furthermore, the essay covers the dilemmas related to the easy rise of a “right to die” as a pressure on patients affected by severe conditions with little luck of recovery to free families, close-ones and society as a whole from the burdens connected to the prosecution of therapies, and therefore to on-going life. On this basis, the role of informed consent is considered. The risks of approaches to medical treatment which transform it into the mere execution of “wills” to interrupt therapies are addressed here. The role fully played by article 32 of the Italian Constitution, in its comprehensive interpretation, is also discussed. And so are the relevant elements in forming a correct evaluation of proportionality of treatments and therapies. The importance of palliative medicine is stressed. The need to prevent defensive medicine is underlined.