|
|
Failure to provide aid in healthcare
Wentová, Michaela ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The subject of this thesis is a comprehensive analysis of the specifics of the crime of failure to provide aid in the healthcare, committed especially by doctors. The thesis itself is systematically divided into six chapters. The first chapter deals generally with crime of failure to provide aid. This part deals with legislation in the past and today, in detail there are also analyzed two of Acta Reus of this crime with particular emphasis on the theory of action, causality acts and omissions and some theoretical difficulties associated with this concept. Furthermore, the chapter discusses the developmental stages, the possible concurrence with other crimes, the circumstances excluding illegality, extinction of criminal liability, criminal sanctions and their demise and the interpretation of certain terms. In the second chapter, I analyze in detail the problems of general and special duties to act, their sources and issues. I do not focus only on Czech regulation, I concentrate on theory as well. The third chapter discusses the specifics of criminal responsibility in healthcare with an emphasis on interpretation of the term lex artis medicinae, and also depicts the requirement that criminal liability should stand as a means of last instance, particularly in the area of healthcare, together with a...
|
|
|
Euthanasie
Havlová, Kamila ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of my Master's degree thesis is to unify the total view of the question of euthanasia and assisted suicide with an emphasis on the criminal law. I am not trying to concluded if legalise euthanasia by the Czech law or not, I just would like to outline the possibility of the legislation in the Czech law for the future, after providing the analysis of the countries where euthanasia has happened legal in the last few years. This thesis consists of the six chapters. At the beginning I am trying to give a detailed description of the substance of euthanasia and other related terms as assisted suicide, do not resuscitate and then I state usual forms and divisions of euthanasia. Then I deal with the history term in the world because for understanding and clarification this is necessary. The next chapter is already about euthanasia in Czech Republic, where this question has never been legalised but there were some efforts in some forms to do that. In this chapter I am concened with a legal qualification of killing on request and assisted suicide de lege lata and de lege ferenda. I also mention the opinions of the opponents and the protagonists of the question of euthanasia. The next chapter deals with a quality paliative care as one the arguments against euthanasia. It is impossible to omit the...
|
|
|
Criminal Law Issues Related to Advance Directives
Blažík, Michael ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal law issues related to Advance directives Abstract The aim of this thesis is to describe the recent institute of Advance directives in the Czech legal system and to analyze criminal law issues related with it's aplication. The focus is on medical workers which can get into jeopardy of criminal liability by respecting the Advance directives. Furthermore in this thesis are compared the legislations of Czech republic and the Australian state Queensland conserning Advance directives. Also, key rullings of Australian courts and other common law courts related to the aplicaton of Advance directives are described in this thesis. Descreption methods were aplied to describe each institute and terms close to it, analyzing methods to analyze liability of medical workers and comparative methods to compare the Czech and Queensland legislations. The thesis is divided into seven chapters and many subchapters. The first chapter is dedicated to the institute of Advance directives, to it's definition, history and to the legislations it is based in. The second chapter describes fundamental human rights related to Advance directives. These are the Right to Life, Right to dignity and the Right to self- determination. Every one of these rights is closely described and a subchapter deals with their collisions. The third...
|
|
|
Criminal aspects of the patient as the victim in the provision of health care
Bouchal, Josef ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
This thesis deals with the criminal aspects of the patient's status as an injured party in the provision of health care. Author especially characterizes the criminal relationships between patients and health care facilities, their contents and background. In the first part of the thesis the author provides a legal framework for the health law, especially in the area of national and international law. It deals with crucial laws directly governing the healthcare law, and laws that are related to health law and greatly affect it. In the field of international law, the author deals mainly with the European Convention on Human Rights and the Convention on Biomedicine. At the level of the national rights of the author touches the area of constitutional order, in particular the Charter of Fundamental Rights and Freedoms as well as the partition law, which describes the particular treatment of health law, criminal law and civil law. In the second part of the thesis the author first defines the basic concepts and fundamental institutes occurring in health care. Eventually, the author of the second part focuses on the actual relationship between the patient and the medical facility where the first for the understanding of the issues dealing with the historical evolution of this relationship and later...
|
|
|
Euthanasia
Mrkvová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
In this thesis, I examined the definition of euthanasia and its different forms, as well as the legal evolution of this term and its constitutional foundations in the Czech Republic. Furthermore, I focused on the legislative treatment of euthanasia in the Czech criminal law, and compared it to the legislative treatment of euthanasia in Australia, Colombia, and England. In every individual state, I tried to capture the most important moments concerning the legal regulation of euthanasia and assisted suicide. In Australia, I focused mainly on the very first legal regulation of euthanasia, in Colombia, progression of an application of the Constitutional Court judgment on active euthanasia and in England, the evolution of relevant case law, usually related to assisted suicide. The most detailed explanation, of course, focuses on the Czech Republic. In my analysis, I used a variety of Czech and foreign legal sources, including modern sources such as video conferencing. By comparing the approaches, I provided a general overview of differentiation of euthanasia and its potential criminal impact. I subsequently listed some foreign legal examples of judicial treatment and legal regulation of euthanasia and assisted suicide, currently unrecognized in the Czech legal literature. The main contribution and...
|
|
|
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...
|
|
|
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...
|
|
|
Free movement of patients within the European Union
Müllerová, Petra ; Tomášek, Michal (advisor) ; Císařová, Dagmar (referee)
The thesis deals with patient mobility in the European Union. It is particularly focused on legislation development of cross-border healthcare providing. Its purpose is to analyse and critically evaluate different regulations of this issue. Using the comparison of individual legislation whether it is regulation, directive or case law, aims to explain the basic principles that patient undergoing a treatment in another Member State obey. The thesis is composed of five chapters. Chapter one is an introduction to the general context of health policy and modification in primary law. The second chapter assesses the role of patient in the European Union, which is seen here as a community of free market. The chapter has the largest content. This part is dedicated to it with an emphasis on significant impact that this area has brought the case law of the Court of Justice of the EU. The case law pointed to the need to adhere the primary law to address this issue, which prohibits Member States to impose restrictions that could restrict the free movement of patients. Health care has been classified as a service and the patient has been recognized as a consumer sui generis. It specifies and particularly explains the procedures of the Court that intervened in the existing legislation by its liberal stridency....
|
|
|
Criminal liability in medical law
Koryntová, Tereza ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
- CRIMINAL LIABILITY IN MEDICAL LAW The purpose of my thesis is to analyse criminal liability of healthcare professionals and paramedical staff. The thesis is composed of seven chapters. The first chapter is introductory and reveals my objections. Chapter Two provides definition of liability in general. Furthermore, civil, administrative, disciplinary and employee's liability are discussed and compared to criminal liability. The aim is to explain differences and similarities of individual liabilities and to clarify that criminal liability serves as a last resort (the ultima ratio principle). Chapter Three explains requirements for criminal liability. Especially, criminal offence, unlawfulness and defences are discussed and compared to the Dutch regulation. Chapter Four concentrates on criminal liability of natural persons. The first part of this chapter is about offender; the minimum age for criminal responsibility and sanity are examined. The second part lists and describes some major crimes. Chapter Five looks at The Criminal Liability of Legal Persons Act. Besides, liberation from the criminal liability of legal persons is discussed. The Chapter recommends preventive and reactive measures to be adopted by health care institutions. The topic of the Sixth Chapter is the termination of life on...
|
|
|
Obligatiory confidentiality of medical workers - criminal aspects
Mišľan, Martin ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of this work was to bring the issue of mandatory confidentiality of health workers and the exceptions to this concept in the context of criminal law. In the first part of the thesis is generally defined by the Institute of mandatory confidentiality in health care, sources of legal regulation of this institute and its development in the Czech legal order. The work also deals with medical records and privacy of sensitive data in connection with the obligation of confidentiality of medical professionals. The next section is defined by breaking the confidentiality required the consent of the patient and also cases where the patient's consent to obtain information about his state of health is not required. The work also deals with criminal liability for breach of confidentiality and lists the offenses that can be committed in violation of this obligation. In the conclusion the work presents a brief comparison of the regulation of the Slovak Republic and in the Federal Republic of Germany.
|
guest ::
RSS feed.