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The institute of allowable risk with focus on the area of health care
Vojtěchová, Eliška ; Vokoun, Rudolf (advisor) ; Richter, Martin (referee)
The institute of allowable risk with focus on the area of health care Abstract The topic of this thesis is the institute of allowable risk in health care, i.e. one of the expressly stated circumstances excluding unlawfullness in the Czech Criminal Code. At first, this thesis deals in general with the definition of unlawfullness, with expressly stated circumstances excluding unlawfullness in the Criminal Code in its general and special part and subsequently with circumstances excluding unlawfullness not expressly stated. In the next part, this thesis contains the international and constitutional law basis for the right for life and health, untouchability of a person and scientific research liberty. Third main part of this thesis is devoted to a detailed study of allowable risk in the area of health care. At first, attention is given to positive description of allowable risk, i.e. benefit for the society, definition of risk, exercise in the course of employment or post, subsidiarity of risky conduct and term achieved state of knowledge - term and advancement de lege artis. After positive characteristics, description of negative characteristics of allowable risk follows, i.e. of free and informed consent and its absence, proportionality principle, contradiction with a legal regulation, public interest,...
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The procedure of health care provider non lege artis with respect to social security
Mikudová, Tereza ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the procedure non lege artis and its consequences. The aim of the thesis is to analyze the possible impacts of the procedure non lege artis in particular in the field of social security law. For better orientation, the thesis is divided into two parts, with each part being further divided by two chapters, i.e. the thesis contains a total of four chapters. The first part of the thesis deals with the concept of lege artis And the consequences of the procedure non lege artis in the field of social security law, the second part deals with related issues, in particular it focuses on the legal aspects of the relationship between the patient and the provider of health services and the possible consequences of such a procedure in other legal levels. As a general introduction to the issue and to understand other contexts, the first chapter defines the term lege artis for it is the basic concept from which the further content of the work is derived. In this context, the author also reflects on the relationship lege artis and the Article 31 of the Charter of fundamental rights and freedoms of the Czech Republic. In the second chapter, the author points out the possible consequences of violating the procedure lege artis in the field of social security law, the consequences of...
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Criminal liability of physician for a non lege artis medical procedure
Zmeková, Veronika ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of physician for a non lege artis medical procedure Abstract This diploma thesis is focused on the issue of the criminal liability of physician for a non lege artis medical procedure. The main objective of submitted thesis is to define all the requirements and elements of criminal liability of the physician, therefore, to find an answer to under what conditions and in what situations the physician will be criminally responsible, and in what situation he will not be criminally responsible. Another objective of the thesis is to provide a definition of what can be considered as a lege artis procedure, what will be considered as a non lege artis procedure, who will assess such a procedure and what will be the consequences for the assessment of the criminal liability of a physician. In this thesis it was used mostly the method of description, analysis, deduction and a partial comparison. Thesis is divided into four main chapters, which are further divided into relevant subchapters. The first chapter is focused on the definition of all prerequisites for the criminal liability of a physician and also deals with the question of possible criminal liability of a legal person who is authorized to provide health services. The second chapter defines individual circumstances excluding illegality. The...
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A Non Lege Artis Procedure as a Primary Precondition of Liability for Personal Injury
Šrobová, Linda ; Thöndel, Alexandr (referee) ; Salač, Josef (referee)
The thesis is focused on infringement of healthcare providers, which might be committed in case of violation of contract appointed duty. Such method is referred to as non lege artis. Shall patient enforce his title to compensate bodily harm, non lege artis is the primary assumption of provider's civil liability for health damage origin of the patient. This work addresses the introduction of legislation in this matter; in fact both legislation on health care incorporated in the Commercial Code, and also it is in some parts returning to the old legislation contained in the Civil Code, because most of court ruling from this area relate to the provisions of the Civil Code. The goal of my thesis is to use legal and extralegal analysis, court ruling, foreign literature and practical cases to interprete the concept lege artis/non lege artis and concentrate on particular situations, where the healthcare provider uses non lege artis method. Individual non lege artis cases were evaluated thank to specification of particular duties of healthcare providers. Regarding the fact that we can view lege artis/non lege artis method in dual approach, concretely lege artis stricto sensu/lege artis largo sensu, my thesis also dealt with the interpretation of this dual approach. Procedural aspect of this issue was not...
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