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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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Actual problems of criminal liability in medical treatment in connection with advance directives
Franková, Petra ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Title of thesis: Actual problems of criminal liability in medical treatment in connection with advance directives Abstract The main aim of this thesis is to analyze the topic of advance directives, recent institute in Czech legislation, its problems and mainly criminal liability in medical treatment, which is not summarized complexly in Czech professional literature. This thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is introductory and is dedicated to moral rights of a patient, which provide the basic starting points of this thesis. The chapter is subdivided into two parts. Part One describes evolution of rights of patients and part Two presents right to life, right to self-determination and finally right to protection of human dignity. Chapter Two analyzes advance directives. This chapter is subdivided into five sections. The basic characteristic is processed with respect to legislation, particular types, issues and critical aspects of advance directives. Chapter Three discusses the legal liability in healthcare. Chapter is divided into four sections; each is devoted to one of the civil, labor, administrative and disciplinary liability. Chapter Three is related to the following chapter, which deals with criminal liability and represents, with respect to...
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Liability in Public Health Insurance System in the Czech Republic
Kops, Richard ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MMGGRR.. RRIICCHHAARRDD KKOOPPSS OODDPPOOVVĚĚDDNNOOSSTT ZZAA ŠŠKKOODDUU VV SSYYSSTTÉÉMMUU VVEEŘŘEEJJNNÉÉHHOO ZZDDRRAAVVOOTTNNÍÍHHOO PPOOJJIIŠŠTTĚĚNNÍÍ VV ČČEESSKKÉÉ RREEPPUUBBLLIICCEE RRIIGGOORRÓÓZZNNÍÍ PPRRÁÁCCEE AAbbssttrraacctt iinn EEnngglliisshh The thesis is based on an explanation of the main legal principles of payment of medical services via public funds - public health insurance, and demonstrates various possibilities of application of liability. Responsibility springing from the Civil Code is compared with a special institute of compensation (reimbursement) of the costs paid for health services due to the unlawful action against the insured, in order to stress the subsidiarity of the Civil Code and to outline the practical difficulties of interpretation. Liability and the compensation mentioned above are being analyzed in general at first and more deeply afterwards, always tied to some of the benefits in kinds - allowances of the public health insurance system. Although the author collides and struggles with the imperfections of existing legislation or its interpretation, he tries to make comprehensive, clear and practical tool for reader to make its own opinion if faced with these issues in practice.
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Transplantation Act: ethical and legal aspects. Theory and practice in the Czech Republic in comparison to the legal regulation in Germany
Jirmářová, Lucie ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
86 Abstract - Transplantation Act: ethical and legal aspects. Theory and practice in the Czech Republic in comparison to the legal regulation in Germany Transplantations and related issues form an important part of medical law which is constantly developing. Currently it is a widely debated topic because there is lack of organs for donation, thus current supply can't satisfy all the demanding donees. It is a problem where the ethic, legal, medical and economic factors meet so there is no easy solution for majority of difficulties associated with transplantations. This diploma thesis focuses on contemporary legislation of organ and tissue donation and transplantations in Czech Republic which is mainly based on transplantation law and several legally binding international agreements. The aim of the thesis is a comprehensive evaluation of the current legislation and its comparison with the same legal branch in Germany. The work will also point out some of the shortcomings associated with the transplantation law and proposal of possible solution. Thanks to the comparison the thesis comes to a conclusion that the Czech transplantation law is relatively of high quality, but there are still imperfections which haven't been erased even by the approved amendatory act. However with relation to the German...
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The rights of patients
Kašparová, Anna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Rights of the Patients (resume) The thesis Rights of the Patients does not provide a comprehensive survey of all rights the patients have under applicable legislation, thus, for reasons of complexity of the theme, the author focused only on the most important of them. Separate chapters are dedicated to individual rights, in order basically corresponding to importance the author attaches to particular ones. Each chapter comprises general lecture on the respective right, its regulation in international legal documents binding on the Czech Republic and in domestic legal documents. In footnotes, the author provides, for the purposes of comparison, regulation of particular institutes in foreign legislation. In the opening, the author defines the terms "health law" and "medical law" and provides overview of the most important international and domestic health-law regulations, supplemented with enumeration of their principles related to the area of providing medical care. With regard to currently discussed legislative proposals, which mean the long-awaited amendment to domestic medical law and, if approved, will bring many significant changes compared to the present state, the author included a separate section dedicated to these legislative proposals at the end of the first chapter. The second chapter discusses...
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Relationship doctor- patient; criminal aspect
Vrajíková, Melinda ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The purpose of my thesis is to analyse criminal aspects of the relationship between a doctor and an patient. The reason for my research is that I think this topic does not recive enough attention in Czech republic as it deserves. The thesis is composed of five chapters, each of them dealing with different aspects of doctors criminal lability. I dedicated m attention only to doctors criminal lability, not to the criminal liability of patient. Chapter One is introductory and defines basic terminology used in the thesis as types of lability, basic aspects of relatinship between doctor and patient, medical experiment, specific aspects of criminal lability in medicine and another terminology which is often used in medical law. The chapter is devided in nine parts. Chapter Two is dedicated to crimes which are usually committed by doctors practising their profession. The chapter is divided five parts, using the same system and order as in czech Penal Code. Chapter Three is subdivided in two parts. Part one is dedicated to euthanasia and legal problems which are united with euthanasia. Chapter three examines relevant czech legislation and problems in czech legislation united with euthanasia. This part of chapter also deals with advantages and disadvantages of euthanasia. Part two is dedicated to assisted...
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The Human Organ Transplantation Act - moral and ethical problems of its application
Novotná, Kateřina ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Human Organ Transplantation Act - moral and ethical problems of its application This thesis deals with issues related to the applications of the Human Organ Transplantation Act. It is focused on the assessment of existing legislation regarding transplantation, the identification of problematical areas of transplantation law and the possibility of their correction. The thesis is divided into several parts. At the beginning it deals with the history and development of transplant medicine. It also contains a description of the current legislation and a brief summary of an international regulation. The main focus of the thesis is to analyze the deficiencies in Czech legislation and to emphasize the interdisciplinary nature of the transplant law. Finally, it analyzes the forthcoming amendment to The Human Organ Transplantation Act prepared by the Ministry of Health. The Human Organ Transplantation Act is a modern legislation respecting international commitments of the Czech Republic. Nature of the transplant legislation is given by its fundamental aspects the principle of presumed consent in connection with legally provided guarantee to respect disagreement expressed in accordance with law, the preference of a deceased donor prior to a living one, the principle of fairness in the allocation of...
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Wrongful birth court rulings in European comparison
Vajda, Lukáš ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.
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Protection of personal data in the course of rendering health care
Zeman, Marek ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Health care services is an area, in which is, with regard to specific nature of processed information, needed to pay special attention to personal data protection of patients. Act that used to regulate this kind of relations for more than 40 years was the Act on Care and Health of Nation. Taking into consideration its historic time of origin and paternalistic theory, on which it was based upon, and despite passage of Convention on Human Rights and Biomedicine meaning significant deviation from up to now paternalistic theory, this Act was not able stand under the Czech republic international obligations, principles of democratic legal state and last but not least rapid technological progress,. Therefore it was replaced by Medical Services Act, which is in full compliance with approach that sees relation between physician and patient as equal. One of cornerstones in area of personal data protection in health care services is concept of rule of secrecy, to which is obliged mainly provider of health care, but also other persons stated in the Act. Violation of rule of secrecy is punished. Threat of penal sancion for violation of rule of secrecy highlights the importance of protection of presonal data in health care area. Although under circumstances specified by the law is possible to unveil rule of...
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Protection of personal data in the course of rendering health care
Repovská, Ľudmila ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Protection of personal data in the course of rendering health care SUMMARY Medical treatment is based on trust. Patients coming to the medical facility often share details about their personal lives that could potentially embarrass or dishonour them and eventually discourage them from getting medical treatment at all. That is why patients seeking medical help need to know that those to whom they confide in are willing to keep the information private and discreet. This thesis will address the protection of personal data in the healthcare area and its main purpose is to provide complex analysis of the relevant legal framework, especially in the light of the recently passed legislation. Protection of personal data in the healthcare are is governed by two pieces of legislation - The Data Protection Act and The Healthcare Act. These statutes present main instruments by which the protection of patients' information is provided. The first part of the thesis examines the general principles of the data protection as they are outlined by the Data Protection Act. It also looks at the key terms of data protection, such as personal data, sensitive data, data subjects and processing and examines the role of the Data Protection Office. Second part the thesis deals with the duty of confidentiality and its personal,...
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