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Protection of personality in healthcare
Šrámková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The subject of this thesis is "Protection of personality in health care" which is an important and especially current topic. After the recodifications of relevant legislation - particularly the recent Civil Code (which is built on the natural law concept) - is more focused on the protection of personality and it generally changed perception of harm to personal rights. It is newly called "compensation for personal harm to the natural rights of person" and claims for compensation for damages and recompense of non-pecuniary damages is tied to a single court proceedings. The thesis is divided into four parts. The first part introduces the basic concepts related to personal rights and to certain medical terminology including explanation of the term "lege artis". The second part presents the relevant legislation, both national and international. The third and largest section is devoted to the protection of patient's personality which is defined by the individual rights of patient in health care. It refers to the patient's right to be treated "lege artis" during receiving of health services, patients' right to be informed and provide related informed consent (on which the thesis is particularly focused), medical confidentiality of health workers and issues related to handling the patient's medical...
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Protection of personality rights in relation to the provision of health services
Toužimská, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The concept of personality rights and their protection, as well as the view on provision of health services has changed a lot. In relation to recent development in the field of private law there is a need to examine the aspects of personality rights separatelyy and also in broughter context. This Master's thesis sets as its goal to follow the current legislation and to point out situations where the personality rights can be especially endangered. The second goal is to evaluate current legal issues in foreign countries of the protection of personality rights in relation to the provision of health services in order to see if there is a probability that Czech law will have to deal with similar problems in the future as well. In the first part the concept of personality rights and their protection is introduced. The aspects related to the provision of health services that may be especially endangered are highlighted. Also the possibilities of resolving situations where there is infringement of personality rights are presented. The second part, which is also the most comprehensive of the thesis, deals with the specific institutes that help the protection of the personality rights in the field of health services. These include primarily informed consent, the way of providing it and the consequences of...
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Informed consent of minors and persons with limited legal capacity
Vráblová, Barbora ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent presents interesting legal and ethical challenges that have been widely discussed both in Czech and foreign literature. Significant portion of the literature is concerned with a relationship between doctors and their patients and with the historical development of this relationship or with the principle of autonomy as one of the fundamental principles in the area of healthcare provision. Issues related to informed consent of minors or persons with limited legal capacity are often given only small amount of scholarly attention. It is for this reason that this diploma thesis deals solely with the issues related to the health care provided to minors and persons with limited legal capacity. The aim of this thesis is to create an integrated overview of the law regulating informed consent of these persons, to introduce the most important changes that have been made in recent years by the Act on Health Services and Conditions of Their Provision and by the Civil Code, and finally to add some of my reflections on selected issues which I find particularly problematic. The sixth chapter of the thesis focuses on a comparison between the Czech law and the English common law regulating informed consent of minors and persons with limited legal capacity. The issues of informed consent is an...
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Contract for health care under the Civil Code
Bláha, Pavel ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Contract for health care under the Civil Code The subject of this thesis is a new type of contract, which was brought into Czech civil law by the Civil Code effective since 1 January 2014 - contract for health care. By including this special type of contract, the legislators practically agreed with a group of legal experts stating that health care is provided under contract, even before the new Civil Code became effective. This paper deals with the very conception of health care used in Czech legislation and with its comparison with the interpretation on this matter in legal codes, which were used by the authors of the provisions on contract for health care as inspiration. First part of this thesis discusses the legal regulation of health care in the Civil Code. With aim to provide a coherent point of view of this type of contract, this part briefly describes other possible conceptions of this legal institute. Besides the solutions, which provided a source of inspiration to Czech legislators, and those which are similar to the new Czech regulation, conceptions of health care used in other states of mainly continental Europe are mentioned. That is followed by introduction of interpretation of relation between provider of care and patient applied in the Czech Republic before the new Civil Code...
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Provision of health care without informed consent
Kohoutová, Petra ; Prošková, Eva (advisor) ; Hocková, Jana (referee)
This dissertation focuses on the issue of health care provision without the consent of a patient within the system of intensive care provision. Situations when its possible to hospitalize a patient without his or her consent are defined in § 38 ZZS (Health Services and Terms and Conditions of Health Service Provision Act as amended). In the intensive care unit we are very often faced with patients that need to be urgently treated without their consent. Also very frequently a treatment is provided to patients that are under the influence of addictive substances therefore are dangerous to themselves and to others. Health of these patients is damaged and even their lives are at risk. A treatment without a patient's consent is debatable from the ethical point of view. A conflict occurs between the fundamental ethical principles (benefit principle and principle of autonomy) because it is not entirely clear which one of the two principles should be prioritize during the treatment. Work and moral obligation of every medical personnel is to provide a medical treatment in accordance with the law and ethical principles. A theoretical part of the paper is dedicated to the legal and ethical sides of the examined issue. The empirical part of the paper is dedicated to the research. A qualitative analysis of...
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Informed consent - comparison of Czech and English law
Pham, Bich Ngoc ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent is a basic institution of health services. This work aims at comparison of the basic components of informed consent in the Czech and English law. The beginning is dedicated to the development and the current relationship between patient and doctor. The traditional paternalistic approach that was prevailing until recently in the health care will be examined more in detail. Furthermore, the work deals with the concept of informed consent as such. The components of the informed consent will be specified as well as the form of the informed consent. Disclosure of the risks and other information must precede for the informed consent to be valid and the consent also have to meet the requirements of legal actions. Text will also focus on informed consent of the minors. Finally, an advance decision will be examined including its conditions of validity. Powered by TCPDF (www.tcpdf.org)
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The issue of causality in the suits for damages
Kafková, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The issue of causality in the suits for damages The subject of this thesis is the issue of causality in disputes relating to compensation for damage to health. Causation is a considerably miscellaneous institute, therefore, this paper deals with various aspects of this topic and its context. The writing focuses on cases in which damage was caused to health through providing health services, as this legal field is characterized by many specifics from other areas of liability. Firstly, the thesis aims at explanation of the concept of causation, its importance and development not only in law but also in other areas of human activity. Subsequently, the attention is focused on the significance of causation in law; after theories of causation are compared, its substantial features are described in comparison to the other elements of liability. Consequently, the work concentrates on processes through which the causal link is determined, on the selection of relevant causes and consequences and the relationship between them in cases involving their plurality. It does not forget to mention the importance of causation in the context of strict liability, particularly in its specific cases relating to the provision of health services. The core of this work is the issue of causation in disputes in which the...
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Criminal aspects of the informed consent of a patient - comparative perspective
Leníčková, Tereza ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
An informed consent of a patient is an institute in the area of medical law, which is still being developed and deals with both private and public legislation. It is one of the legal reasons for interference into physical and mental integrity of a patient, without which every act would be unlawful. This thesis provides an overview of the current legislation of this institute in the light of the new Civil Code, outlines possible application issues between the new legislation and the legislation that is no longer effective. The aim of this thesis is to give a comprehensive review of the criminal aspects of the informed consent, especially its role as a circumstance of justification. The content of this thesis is an analogous legislation in the Federal Republic of Germany, which is being compared to the Czech legislation in the final chapter. The thesis consists of seven chapters. The first one deals with the relationship between the doctor and the patient and its changes in time periods, which are necessary for the new legislation to be well understood. The second chapter gives an overview of the current legislation starting with the constitutional law, including international treatments, statutes, the Code of Ethics, all over to the regulation of the Czech Medical Chamber. It focuses on specific parts...
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Request for termination of life in Benelux countries from the perspective of civil law
Lutonský, Tomáš ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Request for termination of life in Benelux countries from the perspective of civil law The master's thesis is about euthanasia which is known as one of the most controversial and discussed topic in the world of law and medicine, especially termination of life on request. The aim of this work is to innovatively interduce unique legislation of termination of life on request in Benelux countries from the perspective of civil law because I am convinced of its importance despite being overshadowed by the meaning of criminal perspective. In a first chapter the terminology, definition and theory dividing will be explained. The other terms which are connected with the things above are the content of this part as well. The human rights related to euthanasia are discussed in next part of this work. Benelux countries have their own euthanasia enactment - this is what third chapter is about. Next part shows in-depth analysis of due care criteria which are countained in second chapter of Termination of life on request and Assisted Suicide Act. Fulfilment of these is one of criterias needed for impunity of the executor of termination of life on request. Fifth chapter is a key part of this work for civil law perspective because of legal requirements for request itself. It also describes related institutes -...
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Circumstances of justification and medical practise
Strnad, Jan ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Responsibility of the doctor in criminal law and the circumstances under which it is possible to carry out medical procedures without the threat of legal punishment is a topic that has been, is and will be always up to date. It is a complex set of problems, which includes aspects of moral, medical and legal. In my thesis I focused on relationship between doctor's proffession and legal aspects of his work according to criminal law. Its goal is to describe the issue of the practice of medicine and circumstances of justification in terms of legislation in the Czech Republic. The thesis consists of three chapters. The first chapter provides an introduction to the problem and the reasons that led me to choose this topic work. The second chapter is devoted to criminal liability and is divided into two parts. The first contains the general conditions that are necessary for criminal liability of doctors. The second part contains the typical and most common possible crimes that may physician in the exercise of their profession commit. The third and most extensive chapter has focused on description of the circumstances of justification. The chapter is divided into four parts. Firstly it deals with self-defense and legitimate use of weapons that are not too common in the medical environment. Then I focus on...
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