COVID-19 the first step for a (undesirable) “domino effect” on the healthcare system?

Abstract

The paper focuses on the global emergency that the spread of the virus has caused and analyzes the effects that it could have on the national healthcare system, in particular considering the continuous call for social solidarity. With this in mind, an attempt has been made to demonstrate how the peculiarities of the specific case make it necessary to assess – in a different way from ordinary times – the actual content of the contractual services between the patient and the medical facility. The judge seems to be the best figure able to appreciate these particularities, without having to proceed with the issue of emergency rules in order to regulate the consequences of the health crisis. A legislative intervention, however, seems to be necessary if reference is made to the aforementioned factor of social solidarity, which cannot be reached by interpretation.