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Civil disputes between the doctor and the patient
Saidamová, Suzan ; Salač, Josef (advisor) ; Elischer, David (referee)
Rigorosa title: Civil disputes between the doctor and the patient Medical law is a progressive interdisciplinary law linking both public and private law. Health is one of the most important attributes of human life. The existence of possible harm resulting from an unlawful act of a doctor may be extremely sensitive to the patient. Then the patient facing the specific issues in dealing with such a harm. There is a high rate of informational inequity between the patient and the doctor. The patient as a plaintiff needs to be balanced with available and effective instruments. These are, in particular, procedural instruments of a civil court, but also alternative dispute methods can correct this imbalance about informational inequity. This rigorous consists of three main chapters. The first chapter deals with the definition of the substantive relationship between the doctor and the patient and its content requirements, and further defines the possible violations of the duties on the part of the doctor and their consequences. The second chapter deals with the civil disputes between the doctor and the patient in the provision of health care. In this part there is the procedural relationship between the doctor and the patient defined as well as the evidence in civil process, including the description of...
Doctor protection vs. pacient protection
Svobodová, Dominika ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Doctor protection vs. patient protection. This diploma thesis deals with the medical law, namely the protection of physicians and the protection of patients, and their mutual comparison as entities standing more or less against each other. The main objective of the thesis was to analyse the protection of both sides; the practical example provides describes a controversial situation which may happen in reality, also gives better understanding of the issue for readers. The aim was to capture the complex and also very extensive legal regulation of the topic, focusing on the touchpoints between the medical and civic laws. In view of the wide range of the topic in question, I consider specifically some sections of the thesis as the most important. At the beginning, the thesis provides a specification of the elementary legislation regulating the medical law. This is not a comprehensive list of resources, due to the enormous extent of the legislation regulating the medical law. Individual chapters describe the topics of informed consent and the protection of personal data, the provision of healthcare without the patient's consent and the special arrangement concerning the consent of underage patients, the relationship between the physician and the patient, the confidentiality duty, previously expressed...
Civil-law liability arises upon the provision of health services
Zykánová, Lenka ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...
Civil-law liability arises upon the provision of health services
Zykánová, Lenka ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...
Legal Status of Unborn Child and Need of Its Protection in the Light of Biomedical Development
Urminská, Lucie ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Thesis deals with the legal status of an unborn child within current Czech legislation. In the introductory part, the author attempts to clarify the way in which today's society perceives the value of human life before birth. The author looks at the moment of when life begins from different points of view and also observes artificial interferences with the prenatal development of the child, which are the phenomenon accompanying the development in human knowledge and the use of biomedical technologies. In that context, the author analyses position of the European Court of Human Rights to the issue of the beginning of human life through its decisions. The core theme of the thesis is the analysis of the legal status of unborn child in the Czech Republic and of the protection granted by international and national legislation to the unborn child. The author particularly focuses on private law by examining the relevant provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, which determine the legal status of the nasciturus. Among the crucial institutes to which attention is paid belongs legal personality, legal capacity, but also, for example, legal representation of the nasciturus. Further, the rights and the duties of the nasciturus are discussed, giving more detailed attention to the...
Mandatory rules in the Civil Code
Mendrek, Piotr ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Mandatory rules in the Civil Code Abstract The aim of this diploma thesis entitled "Mandatory rules in the Civil Code" is to analyse the mandatory rules in Act No. 89/2012 Coll., the Civil Code (hereinafter "CC"), in terms of their theoretical definition, the way of their identification and occurrence. The work is therefore systematically divided into three parts. The first part deals with the conceptual and contentual definition of the mandatory rules and defines the differences between the mandatory and non-mandatory rules. Various types of mandatory rules are also discussed, with particular emphasis being placed on analysing the category of so-called relatively mandatory rules. In this part, the author profoundly deals with a division of rules into mandatory and non-mandatory. Moreover, the author discusses the pivotal principle of private law - the principle of autonomy of will. On one hand, this principle mirrors the non-mandatory rules of the Civil Code. On the other hand, it is pointed out to the necessity of limiting the autonomy of the will through the mandatory rules. The second part of the diploma thesis is devoted to the long-standing problem of identifying a mandatory rule. First of all, the legislative techniques used by the legislator for distinguishing mandatory and non-mandatory rules are...
Distributive justice in the context of transplantation medicine
Urbanová, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The thesis deals with the concept of distributive justice in the context of health care, whereas the main point of view is transplantation medicine. The field of transplantology has been globally struggling with the lack of resources, but unlike other medical sectors, the deficiency is not in financial resources, but life savings organs. The vital organs need to be distributed in a justifiable way among patients registered on waiting lists. The paper aims to explore different approaches to such allocation and to assess them from the legal and ethical perspective. The first part of the thesis introduces the concept of distributive justice with an emphasis on the right to health care. Further focus is on transplantation, with a brief description of the history of transplantation activities and the development of the whole society's perception of this method. Another part of the paper is devoted to the ethical discussion and associated controversial issues, especially to those that may potentially influence the general lack of organs. The next chapters describe current legislation on transplantation at international, European and national level, as a legal framework for the system of allocation criteria, on basis of which the distribution of organs takes place in practice. For their assessment,...
Compensation for a non-pecuniary harm of secondary victims
Zielina, Dominik ; Šustek, Petr (advisor) ; Salač, Josef (referee)
ABSTRACT! ! ! In the present thesis, I focus on the comprehensive legal framework for the legal instrument of compensation for non-pecuniary harm that was sustained by secondary victim(s), i.e., a person or persons not affected directly who are close relatives to primary victims, differing from primary victims whose interest is secured by article 2958 of the Civil Code (designated as smart money and compensation for aggravation of social position). It is these secondary (indirect) victims who sustain non-material harm through mental suffering that is a natural reaction to the death or grave injury of the primary victim who is their close relative. They are also provided for by law by means of the special provision of article 2959 of the Civil Code, which allows them to seek adequate pecuniary settlement from the offender, aimed at mitigating the pain upon either the loss of a close relative or their permanent and irreversible grave impairment that requires permanent care. ! ! First of all, I produced a thorough analysis of the specific legal instrument in its current legal arrangement; then, I compared this arrangement to that of the 1964 edition of the Civil Code. In particular, I defined legal reasons for the inception of this pecuniary compensation, particular the criteria for objective assessments,...
Legal Aspects of Clinical Drug Research
Kulan, Kryštof ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Legal Aspects of Clinical Drug Research Abstract The aim of this work is the evaluation of the current situation in the clinical study of medication, description of the rights and the protection of the subject of evaluation in the research and solution of selected questions, which may be confusing or at least unclear for the average person. Furthermore, this thesis discusses the exercise of the rights of the subject of the research with focus on damages incurred by the subject of evaluation and to his close persons. The last question is payment for participation in clinical research and other benefits that the subject of the evaluation gains for the participation. Through this methodology, this work has resulted in a detailed analysis of the rights of the subject, especially in relation to his / hers personal rights, their protection and performance. Through the method described above, it brings a new perspective on the relationship of liability for the damage caused to the subject of the clinical research. It also presents arguments pointing to the necessity to change the actual but legally unsatisfactory status of the reimbursements provided for participation in the clinical research. The main findings of this work are the clarification of the liability in relationships that arise in clinical research....
Legal liability of a physician in graduate medicial training and its practical consequences
Štoková, Daniela ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Legal liability of a physician in graduate medical training and its practical consequences Abstract From both legal as well as practical point of view, a physician in training (i.e. without specialist qualification for performing the medical profession of physician) finds himself in a unique position, differing from those of any other medical staff. Having completed a medical degree, a physician starts his journey towards obtaining an unrestricted license to practice medicine. However, up until a successful ending of his graduate training, he is required to practice medicine under direct or indirect supervision of an attending physician, with a sole exception of those procedures explicitly permitted to be done unsupervised. With regard to the above mentioned, the aim of this thesis is to deliver a complex picture analysing legal liability of a physician in graduate medical training. Further on, it aims to critically assess current legislation concerning this topic on the grounds of relevant case law as well as outcomes of a survey among physicians without specialist qualification for performing the medical profession of physician. First part of the thesis analyses mainly the legal framework a physician in training has to work in, i.e. Act. No. 95/2004 Coll. Following part of the thesis then covers the issue...

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