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The informed consent, particularly the criminal aspects
Malý, Lukáš ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Univerzita Karlova v Praze Právnická Fakulta Katedra trestního práva Centrum zdravotnického práva Lukáš Malý The Informed Consent, particularly the criminal aspects Thessis Short summary This thesis deals with a current problem of informed consent of a patient to a medical treatment, with a special regard to aspects of such consent pertaining to criminal law. Current healthcare in a vast majority of modern countries is based on the principle of informed consent. Following an introductory review of the history of the physician-patient relationship, the current legislation surrounding the informed consent is analyzed. These laws are undergoing major changes as this thesis is being finished, giving me the chance to describe both past and future legal regulation. I proceed to describe in detail when the informed consent is required, in what form must it be granted and what sort of medical information is needed to be given to the patient prior to his decision. To adequately weigh the aspects of criminal responsibility in relation to informed consent, the analysis of all possible forms of legal responsibility is performed, with some comparisons to relevant criminal regulation in other countries being made.
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Death penalty
Dvořáková, Kateřina ; Císařová, Dagmar (advisor) ; Novotný, Oto (referee)
1 Death Penalty - Summary As the theme of my thesis, I've chosen the death sentence. Such sentence has accompanied the human society from the early times. From the history to these days, it helped to maintain the public order and the law enforcement. The public order was seen differently in each society and every historical stage. However, there was always one thing in common, it intended to protect life, safety, law enforcement and community rules. During the period of economic growth, abundance and prosperity, the society tends to treat law and public order intruders more liberally. The "western part" of civilization is currently at this evolution stage. Our country is firmly integrated into the European Union. There is a straightforward common understanding. The death penalty is prohibited and it has to be respected. The world tends away from the death penalty in general. I've outlined the questions to be addressed at the introduction part of the thesis. I structured the dissertation into ten chapters. Further supplements are attached to the material, including the photographic documentation provided on my own, deeds and other documents related to the topic. I explain the definition of the death sentence and its purpose in the first chapter. I introduce different theories about the purpose of the death...
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Doctor - patient relationship
Šimečková, Irma ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
DOCTOR - PATIENT RELATIONSHIP RESUMÉ The topic of the doctor - patient relationship is so broad that this graduation thesis cannot cover nearly all of its aspects. The aim is to capture the most basic institutions of doctor - patient relationship in period just before the effectiveness of the reform of health services. Historical development of medical law in the Czech Republic is summarized in the very first chapter. The aim was mainly to express complicated role of post-communist countries in connection with their efforts to integrate into the modern system, which was then for the rest of Europe completely natural. The second chapter issues the basic elements controlling the relationship between doctor and patient, including the definition of the term lege artis, whose explanation is an essential part of every publication dealing with medical law. Chapter provides a comprehensive view of the institutes, which are largely discussed in subsequent chapters. The next three chapters deal with the issues of informed consent, duty of confidentiality of medical staff and management of medical documentation. Informed consent is the central institute of medical law and most important element of the relationship between doctor and patient. The topic of the consent of the patient with the health care is treated in...
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The human organ Transplantation Act - moral and ethical problems in its application, comparison with international legislation
Godalová, Tereza ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
This diploma thesis deals with the issue of organ and tissue transplantations in the Czech Republic and contains a comparison with other systems of law and practices. The first part of the thesis is focused on the history of performing transplantation and sources of law. The second part provides an explanation of Czech transplantation act. For better clarity, the chapters are organized in accordance with the act. The comparison with other countries is included in particular chapters so it is possible to demonstrate other possible ways of regulation. Apart from the elaboration of the transplantation act the thesis elucidates the ethical questions and upraise of legal liability in concern with performing transplantations. The fundamental part of the thesis deals with the detail analysis of the transplantation act and other legal regulations connected with performing transplantations. In particular, the chapters step by step explain conditions for organ or tissue removal from living or deceased donors, organ implementation into the body of the recipient and all other related actions. In chapter no. 3.4 two different systems of consent with post mortem organ donations are distinguished. The chapter introduces advantages and disadvantages of both systems - the system of presumed consent (opt out) and...
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Informed consent of the patient
Kaslová, Jana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Informed consent of a patient is currently one of the fastest developing subjects of medical law. Its fundamental principles are based on human anatomy and one's freedom of choice with respect to decisions concerning his or her well-being. The aim of this thesis is to present informed consent in light of the newly enacted legislation concerning medical services, to highlight some of the consequences of the new legislation, as well as to discuss certain aspects of criminal liability of medical personnel in connection with informed consent. The thesis consists of six chapters, which are further divided in to subchapters. The respective chapters outline informed consent of a patient with respect to its basic elements, associated consequences and selected aspects of potential criminal liability. Following the introduction, the first chapter describes the relationship between a doctor and a patient and identifies the upcoming trend of the transformation of the historical paternalistic relationship into a partnership. The second chapter features an overview of the both the national and the international legal sources, which govern informed consent. The third chapter represents the main focus of the thesis and describes the respective elements of an informed consent - disclosure and consent. The...
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The protection of the Human Foetus
Vlasák, Marek ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The M. A. thesis "The Protection of the Human Foetus" deals, as obvious from its title, with the issue of protection of the human foetus in the Czech legal order for one thing and in selected countries, taking their legal regulations in concern, for another. The text primarily highlights and analyzes the development of legal regulations in today's Czech Republic; special emphasis is put on the criminal law aspect of the whole matter. According to the presented interpretation and exposition of the problem, it is indeed possible to assume that the legal order of the Czech Republic offers sufficient protection to the human foetus. The germinated life and the life and health of the mother are first are foremost protected through the means of criminal law. The M. A. thesis is divided into eight chapters. The first part of the thesis is devoted to the definition of terms dealing with the issue in concern. Due to its importance, the historical development of the researched phenomenon is likewise not omitted. Furthermore, the constitutional and international dimensions of the problem are also explored. Last but not least, the M. A. thesis deals with the criminal law regulations of the Czech Republic, the regulations of intentional ending of a pregnancy and its conditions. The final chapter puts emphasis on...
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The informed consent of a patient
Jurošková, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The informed Consent of a Patient Informed consent from the patient is one of the most interesting institutes of the medical law. Today it belongs to the basic principles of the medical law, but its development was rather complicated. Initially, this may date to the late 18th century, when the requirements governing the relationship of doctor and patient appear. Over time, the courts handle issues concerning informed consents or patients' non-acceptance. Until the middle of 20th century, almost the whole Europe discovers paternalistic understanding of the relationship doctor and patient. It is on such a concept, when a doctor determines the treatment and the patient is only a subject to the treatment. The doctor has a critical position and the patient must slave his decisions. Change in the concept came after the World War II. Doctor's and patient's relationship slowly begins to change and it becomes closer to a relationship of service providers and clients. In the Czech Republic, a mix of both can be found. Great importance to the informed consent has the adoption of Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Medicine (Convention on Human Rights and Biomedicine) concluded in Oviedo on 4.April 19971 st The institute of...
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Rights of patients in the Czech Republic
Švadlenová, Šárka ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Résumé in English The rights of patients in the Czech Republic People often discuss about human rihgts. Rights of patients also pertain to human rights. The rights of patients are included in the branch of medical law. They occupy a significant place in man's life, becauce sometimes each of us will find in the position of a patient. The term patient is a cardinal term of medical law. This term is used frequently in adjudications or legal regulations, but we do not find its legal definition anywhere. The patient is a person who is sick or hurt and needs a medical treatment. The word patient originates in Latin as "pati" and it means to suffer or to endure something. This term incorporates also healthy persons who take a preventive medical examination. The relationship of a physician and a patient is a basic relationship in the health service. At first this unequal relationship was grounded in paternalistic conception. It meant that the doctor was an authority who knew what was the best for a patient. The patient was just the object of care. After the 2nd World War this conception changed when conventions of human rights were created. Nowadays the relationship between the physician and the patient is equal and partnership. The patient is participating in decision-making his treatment and no medical...
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Legal responsibility of a medical doctor
Hamran, Richard ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
LEGAL LIABILITY OF A DOCTOR The purpose of my thesis is to analyse briefly the issue of legal liability of a doctor for his professional duties. Stemming form relevant legislation, the doctor owes many duties and responsibilities and his failure to obey them properly could lead to various liabilities. The aim of the paper is not to consider in a detail all the questions concerning the liability of the doctor. On the contrary, I try to outline particular kinds of the doctor's liability in a systematic way and furthermore to scrutinize some partial issues relating thereto. The reason that led me to my research is the fact that the more human rights are recognized the more prudent and diligent the doctor must be while treating his patients. Legal approach towards medical treatment has changed over past few decades but is the society and especially affected professionals ready for this change? This thesis is divided into two parts having eight chapters altogether. Each of chapters deals with different aspects of the subject matter. The introductory chapter points out basics of the medical law and gives a brief look at the evolution of a legal approach towards the liability of the doctor during ages. The rest of the first part briefly characterizes common premises of the legal liability in general and...
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Criminal Law and Euthanasia
Dřímal, Pavel ; Císařová, Dagmar (advisor) ; Vokoun, Rudolf (referee)
Euthanasia represents one of the most controversial topics around the world. As I mentioned in the first chapter there is no worldwide consistency whether to accept the idea of legalization Active Voluntary Euthanasia ("AVE") or not. The goal of this diploma thesis is not to persuade anybody. In approximately 60 pages of the text I am providing readers with some essential information about euthanasia in the Czech Republic. I am also trying to compare the foreign legal regulation of euthanasia and assisted suicide but theoretical ideas as well. The first chapter is mainly trying to capture the reader's focus and setting the theme of my diploma thesis. The second chapter of my thesis is called ,,The Term Euthanasia". This chapter provides readers with several definitions of euthanasia and Physician Assisted Suicide ("PAS") as well as some historic data. The act of euthanasia has its origin in Greek. First word euthanasia is mentioned in old Greek literature. The term euthanasia is composed from two Greek words. Eu which means good or normal and Thanatos which means death. The word euthanasia can be literally translated as a "good death". It should be mentioned that during the centuries the meaning of euthanasia has changed. Today's understanding of euthanasia is ending ones life in order to relieve...
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