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Payment of health services otherwise not covered by health insurance
Slezáková, Alžběta ; Šustek, Petr (advisor) ; Šolc, Martin (referee)
Payment of health services otherwise not covered by health insurance The rigorous work focuses on the institution of extraordinary reimbursement for health services not typically covered by health insurance, as outlined in § 16 of the Public Health Insurance Act. This study not only situates this institution within the broader public health insurance system but also provides a detailed analysis of the substantive and procedural conditions for reimbursing such health services. Additionally, it examines relevant jurisprudence and the historical evolution leading to the current legal framework. The first chapter introduces the public health insurance system in the Czech Republic, outlining its foundational principles and legal framework. It also addresses the scope of the insured's right to reimbursement for health services under public health insurance, and discusses issues related to such reimbursements, thereby situating the institution of extraordinary reimbursement within the broader domestic health care reimbursement system. The second chapter provides a detailed analysis of the substantive legal conditions for reimbursing health services that are otherwise not covered by health insurance. It examines the concept of non-reimbursed health services, the necessity of these services based on the...
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Selected Issues of Medical Device Legislation
Krudenc, Václav ; Šolc, Martin (referee)
Selected Issues of Medical Device Legislation Abstract This thesis deals with the legal regulation of medical devices in force at the time of its creation, with a focus on general medical devices. The thesis is divided into two main parts. In the first part, the thesis focuses on a comprehensive and detailed analysis of the basic definitions of the field of medical devices, including the definition of the conditions under which computer software used in the healthcare sector is considered a medical device. In particular, the definition of a medical device and an in vitro diagnostic medical device are subject to detailed analysis. The second part of the thesis deals in detail with the life cycle of a medical device at the time of the entry into force of Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC and Act No. 375/2022 Coll., on medical devices and in vitro diagnostic medical devices. This section discusses in detail the obligations of medical device manufacturers and their authorised representatives where the manufacturer is established outside the European Union. Within this section, emphasis is...
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Legal aspects of telemedicine
Kolačkovská, Lucie ; Šolc, Martin (advisor) ; Janoušková, Anežka (referee)
1 Legal aspects of telemedicine Abstract This thesis deals with the legal aspects of telemedicine or the provision of health services at a distance using information and communication technologies. Telemedicine is a new, rapidly developing phenomenon, however, its use in practice already exceeds the level of its legislative anchoring. The paper asks whether the legal regulation of telemedicine is adequate to protect the patient's subjective rights and, if not, to identify which legislative changes are required to achieve this level. The thesis defines the concept of telemedicine and its individual categories, which it illustrates with several case examples from practice. Furthermore, it examines the legal regulation of telemedicine in the context of the health care contract, where it analyses in detail the proposed amendment to the Health Services Act, which, if adopted, will anchor telemedicine in Czech legislation. It also analyses the key issues arising from the legislative anchoring of telemedicine, namely the authorisation to provide telemedicine services and the standard of care. It also examines a central aspect of the legal regulation of telemedicine, which is the protection of personal data routinely shared in the course of providing telemedicine services. The thesis also adresses selected foreign...
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The Theory of "Loss of Chance" in the Field of Medical Law
Petr, Ondřej ; Salač, Josef (advisor) ; Šolc, Martin (referee)
The Theory of "Loss of Chance" in the Field of Medical Law Abstract This master's thesis explores an alternative approach to establishing civil liability in medical-legal relationships. Due to the disparities described in the thesis, the positions of the parties in medical-legal disputes are not equal. Therefore, the theory of "loss of chance" was developed to address this issue by introducing a new approach to proving causal connection in court. The point of the theory is to transfer the procedural deficiencies of the aforementioned disputes into the substantive realm by creating a new legally protected asset, namely, the "chance." The thesis is divided into three parts. The first part addresses the issues of medical-legal relationships and the resulting legal disputes. It explains the fundamental principles underlying the theory of "loss of chance" and highlights the differences between the conventional approach to proving causal nexus and the theory itself. The second part is devoted to the historical and foreign development of the theory. With the help of key decisions of foreign case law, the concept of theory in these foreign jurisdictions is explained, which then influences the decision-making of Czech courts in cases related to theory. The last part of the thesis deals primarily with the main...
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Proper Supervision of Minors under Civil Law
Holubec, David ; Šolc, Martin (advisor) ; Janoušková, Anežka (referee)
Proper Supervision of Minors under Civil Law Abstract This thesis deals with tort liability in the legal system of the Czech Republic, specifically cases when supervisors neglect to exercise proper supervision over a minor. The thesis is based on the relevant provisions of Act No. 89/2012 Coll., the Civil Code. From this law, the thesis infers when it is necessary to supervise minors. The thesis summarises that the regime of civil tort liability of the supervisor may arise in cases where the minor acts both as a tortfeasor and as a victim. In addition to the Civil Code, the thesis reflects the relevant provisions of the Charter of Fundamental Rights and Freedoms and the Convention on the Rights of the Child. The thesis also introduces other relevant legislation, especially in the field of administrative law. The focus of the thesis lies in the analysis of decisions of courts in the Czech Republic, which have repeatedly dealt with cases of neglect to exercise proper supervision over a minor in the past. A systematic method is used to classify the individual evaluation criteria of neglect of proper supervision of minors. The work specifies the vague notion of proper supervision in such a way that it should be carried out in an appropriate manner; in recognition of the individuality and interests of the minor;...
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Measurement of the magnetic properties of materials using LabVIEW
Šolc, Martin ; Bulín, Tomáš (referee) ; Huzlík, Rostislav (advisor)
In this thesis LabVIEW program and its development environment is described. After that the most used current transducers, their working principles and their properties are analyzed. Next part is dedicated to curves of magnetic hysteresis of ferromagnetic materials. Practical part of bachelor´s thesis is dedicated to measuring BH curves of torroidal core transformer. The measuring was made possible by LabVIEW program, using digital integration in LabVIEW, analog integration with RC cell, voltage converter and current transducer ITN 12-P Ultrastab. In the last part of the bachelor´s thesis I evaluate the measurements.
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Design of a high-speed electrical machine.
Šolc, Martin ; Klíma, Jiří (referee) ; Mach, Martin (advisor)
This diploma thesis is dedicated to design of highspeed induction motor with power 30 kW, 60 000 rpm. In the beginning of the thesis basic problematic of highspeed motors, used materials and motor types is discussed. The practical part of the thesis concerns design of the motor itself, creating a model in ANSYS Maxwell software, performing several simulations and optimalization of the designed machine. In the last parf of this thesis each simulation is evaluated and the final model of the machine is introduced.
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Legal regulation of plant, animal and human health
Rohlena, Jiří ; Damohorský, Milan (advisor) ; Šolc, Martin (referee)
Legal regulation of plant, animal and human health Abstract This diploma thesis is dedicated to the legal regulation ensuring the protection of the health of plants, animals and people. With regard to the current state of sources of health threats, adequate legal regulation is necessary. The legal regulation should ensure and enforce the protection of the health of plants, animals and people, and respond adequately to the development of the state of sources of health threats. The aim of this diploma thesis is to determine and describe the effectivity of the legislation protecting the health of plants, animals and people and in what ways this protection is enforced, and to evaluate the findings. Considering the large number of sources of threats to the health of plants, animals and people, this diploma thesis deals only with these selected sources of threats: diseases, animal infections or harmful organisms; safety of plant protection products, animal feed, food and animal products for the health. The main legal regulations in the theme of this thesis are the Act on Phytosanitary Care, the Veterinary Act and the Act on the Public Health Protection. However, this thesis does not neglect EU legislation or the regulation of criminal offenses in the Criminal Code. The thesis reflects the legal status as of...
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Legal and ethical aspects of human organ and tissue transplantation
Kubíková, Natálie ; Salač, Josef (advisor) ; Šolc, Martin (referee)
1 Abstract Legal and ethical aspects of human organ and tissue transplantation The topic of this thesis is Legal and ethical aspects of human organ and tissue transplantation. It provides an overview of current legislation related to the issue of transplantation of human organs and tissues. Subsequently, it analyzes the most basic ethical dilemmas, which are faced by the professional and lay public in connection with the legal regulation of the transplantation process, then supplements them with the author's view of the matter, including recommendations de lege ferrenda. The thesis is divided into six chapters, including the introduction and conclusion; the chapters are further divided into individual subsections. The information used to write this thesis was obtained from academic literature in the form of monographs, commentaries, academic articles, jurisprudence and legal regulations, including their explanatory reports. Furthermore, the text is based on internet sources and the podcast of the Institute of Clinical and Experimental Medicine. The aim of this work is to analyze the legal situation, outline the basic ethical questions, including the arguments that are connected with them, and then bring them into confrontation with contemporary legislation through considerations de lege ferrenda....
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Genetic Databases and Protection of Genetic Data
Vozanková, Anna ; Šolc, Martin (advisor) ; Šimečková Pipková, Petra Joanna (referee)
Genetic Databases and Protection of Genetic Data Abstract This thesis deals with the processing of genetic data obtained by DNA sequencing. The data obtained from the human genome represents a revolutionary basis for scientific research and open the way for the treatment of some so far incurable diseases such as cancer, AIDS, and Alzheimer's disease. The thesis primarily focuses on the legal regulation of the protection of genetic data. The thesis describes the processing of genetic data, including its use and dissemination, mainly through providers of genetic databases and genome browsers for scientific research purposes. From the perspective of the current legal framework in the Czech Republic and the European Union, the thesis analyzes the existing level of protection of genetic data and points out evident shortcomings. However, the thesis is not limited to a description of legal regulations but thoroughly evaluates the issue de lege ferenda. The aim of this thesis is to evaluate the current practice of processing genetic data, particularly its accessibility, storage, the possibility of its anonymization, and ways of its misuse. The thesis focuses on the issue of the implementation and consequences of the current legal regulation mainly established by the Regulation (EU) 2016/679 of the European...
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