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Proxy decision making for incompetent patients
Francová, Terezie ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
1 Proxy decision making for incompetent patients Abstract The author of this thesis discusses the applicable Czech legislation on the proxy decision making for incompetent patients and the provision of medical care without informed consent. The thesis is divided into six parts, while the first part is devoted to the definition of the basic terms that are directly related to this topic and which are repeatedly used herein. These basic terms are the following: health services and healthcare, informed consent and the patient. The second chapter is devoted to sources of law, which are divided into three levels - international sources, European Union law and national sources. Within the national regulation, attention is focused mainly on Act No. 372/2011 Coll., On health services and conditions of their provision, as amended. It also outlines the issue of the duality of legal regulation, that was caused by the adoption of Act No. 89/2012 Coll., Civil Code. The third chapter deals with surrogate consent, attention is paid mainly to resolving conflicts of opinions and to the best interests pricniple, as to the key factor when granting the proxy consent. The fourth chapter is devoted to the institute of previously expressed wishes. The fifth chapter analyses the issue of providing health services to vulnerable...
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Informed consent
Havlenová, Kateřina ; Elischer, David (referee)
The aim of this thesis is to describe and evaluate legislation concerning the informed consent in the Czech legal system and propose its changes de lege ferenda. The thesis also comprises many comparisons between the Czech legislation and the foreign legislation. The first five chapters of this thesis deal with sources of legislation, informed consent as such along with information of patients as a necessary prerequisite for giving of the consent, other topics are refusal of medical care by patients and the so called advance decisions. Apart from this theoretical part the thesis also includes a practical part. The aim of this practical part is to explore implementation of legislation concerning informed consent in the everyday practice of hospitals and subsequently to compare this practice with the requirements of law. This survey was carried out by means of questionnaires, which were submitted to doctors relating theirs experience with using of informed consents in their medical practice. The purpose of this practical part is also to find out the experience and opinions of recipients of medical services, i. e. the patients, concerning different issues connected with the informed consent, also by means of the questionnaire method. Last but not least the thesis mentions many problems which are...
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Informed consent
Havlenová, Kateřina ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to describe and evaluate legislation concerning the informed consent in the Czech legal system and propose its changes de lege ferenda. The thesis also comprises many comparisons between the Czech legislation and the foreign legislation. The first five chapters of this thesis deal with sources of legislation, informed consent as such along with information of patients as a necessary prerequisite for giving of the consent, other topics are refusal of medical care by patients and the so called advance decisions. Apart from this theoretical part the thesis also includes a practical part. The aim of this practical part is to explore implementation of legislation concerning informed consent in the everyday practice of hospitals and subsequently to compare this practice with the requirements of law. This survey was carried out by means of questionnaires, which were submitted to doctors relating theirs experience with using of informed consents in their medical practice. The purpose of this practical part is also to find out the experience and opinions of recipients of medical services, i. e. the patients, concerning different issues connected with the informed consent, also by means of the questionnaire method. Last but not least the thesis mentions many problems which are...
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Constitutional Protection of Physical Integrity of Patients
Vu Thanh, Tam ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
The main topic of the master's thesis is protection of bodily integrity, which started to play an important role since the beginning of this millennium in the continental Europe in support of patient's individual rights. The thesis particularly undergoes research by which means is patient's bodily integrity guaranteed on the constitutional level. For that purpose, the thesis analyses informed consent in its various forms, namely in comparisons to foreign literature and judgements in USA and United Kingdom. Simultaneously the court decision became the centre of attention, because of its guarantee to protect bodily integrity to minors and incompatible people. These conclusions the thesis then follows up and applies on cases, in which is bodily integrity of patient is most vulnerable. The conclusion of this thesis is that the protection of bodily integrity is guaranteed on the constitutional level by art. 7 par. 1 Charter of fundamental rights and freedoms and art. 8 European Convention on human rights. Simultaneously the thesis comes to the conclusion that in some cases the protection of bodily integrity in not fully guaranteed. That's the case of sterilization of transsexual patients who are forced to undergo this surgery by statutory regulation. The thesis in the case of compulsory vaccination...
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Obtaining informed consents during admission of patients in the intensive care unit
Kesmanová, Veronika ; Kulířová, Veronika (advisor) ; Kulhavá, Miluše (referee)
The process of acquiring informed consents from patients belongs to one of the everyday activities of hospital personnel. The duty of submitting informed consent forms to patients is mostly in competence of the doctors. Nurses, however, are present during the entirety of patients' medical care and should be acquainted with all aspects of the informed consent. The process of acquiring the informed consents from patients admitted to intensive care unit (hereinafter ICU) is connected with a multitude of difficulties. The method of statistical analysis of data acquired by the questionnaire construction method was used for this quantitative research. 99 respondents participated in the questionnaire construction. The research took place within one hospital at chosen ICUs. The main goal of this thesis is to evaluate the process of acquiring informed consents from patients from the point of view of nurses and to identify the main issues connected with signing of informed consents. The results of the research show that patients are adequately informed by their physicians before signing the informed consents. Poor medical condition of patients admitted to ICUs may be seen as one of the main issues during the signing of informed consents. The research further shows that 50% of patients don't read the text of...
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Human dignity as the base of the physician-patient relationship
ŠVECOVÁ, Veronika
This bachelor thesis focuses on the human dignity issues, which is an integral aspect of successful treatment and good relationship between patient and doctor. The thesis outlines the historical development of ethical perception of the patient in relation to his physical, mental, social and spiritual needs of the contemporary transformations. An integral part of this development is the Christian spirituality with its charity care for the ill and destitute, which is one of the corner-stones of the European ethics. Current perceptions of human dignity is based on a comprehensive knowledge and understanding of man in his uniqueness. Method for the preparation of this work is the study of relevant literature, especially from the field of medical ethics.
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Informed Consent (Comparative Study)
Franta, Jakub ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Informed consent is one of the most discussed issues of medical law. This thesis tries to contribute to the discussion through a comparative study between Czech law and Canadian law (the common law part of Canadian law), focusing on the basic components of the subject matter. The thesis is divided into six parts. The first one deals with information disclosure and consent to treatment in the paternalistic model and the participatory model of a doctor-patient relationship. The second part provides an overview of relevant Czech and Canadian legal sources and also of key milestones in the development of informed consent in both countries. The third part of the thesis discusses the concept of informed consent. The fourth part is focused on the disclosure - its content and scope, form and other related aspects. The fifth part of the thesis deals with the consent itself - its elements, the withdrawal of consent and the refusal to give consent. Finally, the sixth part deals with the specifics of minors. With regard to the basic features of informed consent, it can be clearly stated that the compared legal systems are fundamentally the same. Differences can be seen only when analysing the subject matter into very great detail and those differences are usually various technicalities (e.g. determination of...
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Interference with integrity of an individual
Podolská, Marie ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Physical and mental integrity of an individual represents one of the components of a human personality, which may be regarded as a personal sphere of everyone and which is protected by the law against any unauthorized interference. Legislation regarding the interference with the integrity of an individual is based on the principle of inviolability of a human being, according to which no one is entitled to interfere with the integrity of another individual without his consent, except as provided by law. The consent of the individual concerned is therefore the most fundamental circumstance excluding illegality of the interference. The aim of this diploma thesis is to analyse current legislation regarding the interference with the integrity of an individual, especially relevant provisions of the new civil code, and to point out its potential deficiencies or problematic aspects. It focuses on particular circumstances under which it is possible to interfere with the integrity of an individual, or which represent the reasons for such interference and therefore exclude its illegality. Even though the thesis aims to elaborate the topic from the point of view of civil law, with regard to the fact that most of the serious interferences with the integrity of an individual occur when health services are...
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Patient-doctor-relationship
Vyvlečková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The subject of this thesis is one very important relationship of health care - the doctor- patient-relationship. During a recent decades a big attention was paid to this theme both on international and czech field. In the Czech Republic the doctor-patient-relationship went through the essential change, when instantly changed from a paternalistic relationship to a partnership. Many legal changes followed this change finishing it by accepting the Act on Healthcare Services which for example describes rights and duties of subjects of this relationship. The first part is dedicated to a doctor-patient-relationship itself. Its history and evolution, placement in a legal system, legal form. One part is dedicated to an ethic aspect of doctor-patient-relationship. The second part discusses about rights and duties of both participants of this relationship. Specifically, rights determined by the Act on Healthcare Services. The third part is dedicated to detailed analysis of some basic patient's rigths and the doctor's duties characterizing doctor-patient-relationship in its current form. These are informed consent, where I describe, why it is needed. I was concerned about its requisites, possibility to abandon informed consent, to informed dissent including its form while a short look on an issue of...
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Home Palliative Care as Sensitive Way to a Dignified End of Life - Possibilities of Social Work
Adamčíková, Pavlína ; Cimrmannová, Tereza (advisor) ; Nová, Monika (referee)
The aim of thesis is to create an overview of the holistic concept of domestic palliative care in the context of social work. This overview includes identification of the needs of people in the terminal stage of life and the dilemmas that families face in the final stage of the lives of their loved ones. The individual chapters of this thesis describe the needs of the dying and informal caregivers, and they point out the importance of the family environment for coping with death-related concerns. The qualitative survey carried out via semi-structured interviews includes identification of the needs of the dying and caregivers, the dilemmas of caregivers in making decisions about choosing the form of care for their loved ones, and mapping the awareness of caregivers about the possibilities of social work support.
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