|
|
Civil Law Aspects of Medical Research
Šolc, Martin ; Salač, Josef (advisor) ; Van Beersel Krejčíková, Helena (referee) ; Sovová, Olga (referee)
Civil Law Aspects of Medical Research Abstract Under Czech law, medical research on humans is divided into three branches: clinical evaluation of medicinal products, evaluation of medical devices, and evaluation of new procedures not yet introduced in clinical practice. While the first two mentioned types of research are regulated in great detail, the legal regulation of the evaluation of new procedures in the Act on Specific Health Services is significantly less extensive. In addition, new methods are still routinely introduced into clinical practice outside of the formalised evaluation regime according to the aforementioned law. As a result, both health care providers and individual physicians face legal uncertainty regarding potential liability for harm arising from the implementation of new methods. This work is focused on civil liability in the subject context. In the first part of the thesis, as a normative basis for the evaluation of the legal regulation and its interpretation possibilities, we define the aim of law as preservation and strengthening of social cohesion. The related fundamental values this thesis is based upon consist in the limitation of judicial power in questions of a political nature, as well as the principle of trust, according to which the legal regulation of medical research and...
|
|
|
Patient's rights in cross-border health care in the European Union
Čípová, Iva ; Tomášek, Michal (advisor) ; Van Beersel Krejčíková, Helena (referee)
The subject-matter of this master thesis is cross-border healthcare in the European Union. It describes the history and development, but focuses mainly on the current legal framework represented by Regulation No 883/2004, and mainly Directive 2011/24 on the application of patients' rights in cross-border health care. The aim of the master thesis is to thoroughly analyse the current legal framework with a focus on patients' rights, to examine the impact of the Directive, to explain an issue of overlap between the Directive and Regulation, and to evaluate the transposition of the Directive in the Czech Republic. To achieve this aim, it is necessary to examine the topic with respect to the historical and political development of the European Union and to the case law of the European Court of Justice. The thesis is divided into four chapters. First of which concerns European Union competences in health law, explaining the history of incorporating health law provisions into the Treaty on the Functioning of the European Union, as it is called today. This historical development is important for understanding the issue of cross-border healthcare. The second chapter is mainly focused on the important case law of the ECJ concerning patients' rights. Although initially I will discuss the development in...
|
guest ::
