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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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The Aplication of DNR orders in clinical practise focused on the issue Non providing aid.
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Application of DNR orders in clinical practise focused on the issue Non providing aid Do Not Resuscitate orders, as a special type of advanced directives, constitutes an impressive framework full of dilemmas, both between the patient's right to autonomy, self-determination and the physician's duty to provide proper medical care and between the patient's right to autonomy and physician's tendency to apply his/her professional medical opinion. As well this issue has not only the medical and the legal aspect but it possess ethical, sociological and even economical ones, indeed. Despite the fact there are some provisions on the regulation of advance directives at the moment available, neither the position of the patient nor the position of the doctor is actually solved. Furthermore, the legal state of advance directives forces the doctors in order to protect themselves to ignore on purpose the knowledge that there are some advance directives being made by the full competent patient. The consequences of not providing aid are rush ones, with a great possibility of imposing criminal liability for commission of one of the offences against person. On the other hand, the legal protection offered by the means of tort law of the autonomy and selfdetermination of the patient is quite weak, especially in comparison...
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