La Risonanza Magnetica Nucleare nei pazienti portatori di Dispositivi Impiantabili attivi: implicazioni legali

Abstract

[Nuclear Magnetic Resonance in patients with Active Implantable Medical Devices: legal implications]

The Italian Ministerial Decree 02.08.1991 prohibits to perform Nuclear Magnetic Resonance (NMR) in patients with Active Implantable Medical Devices. This Decree is still in force despite the commercialization of new devices that, according to manufacturer, are compatible with NMR. The lacking of Decree updating generates a variety of behaviors, since physicians themselves are not in agreement concerning the decisions to take, especially in those cases in which there is uncertainty about the compatibility of the device. In these cases, the decision is left to the physician.

This article provides a broad overview on the evolution of jurisprudence concerning the role and the responsibilities of physicians. Starting from the right to selfdetermination and the right to health guaranteed by Italian laws to the patients, informed consent was rendered compulsory, hypothesizing a different relationship between patients and doctors, more patient- than doctor-centered. However, rather than creating a more mature relationship among the two players, jurisprudence has evolved in the sense of growing responsibilities given to physicians, who are now harassed by several lawsuits. We hope that the still evolving healthcare jurisprudence will create a more serene atmosphere for healthcare professionals.