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The right of a woman to decide on perinatal care
Hůlková, Kateřina ; Šustek, Petr (referee)
This thesis deals with the topic of providing perinatal care from the patient's point of view. The aim of the thesis is to use national legislation and decisions of Czech and international courts to determine under what conditions a woman has the right to decide on the provided health services. From the legal point of view the area of perinatal care brings many questions where it is not easy, also with regard to the ethical aspect of things, to find an answer. During the pregnancy and childbirth, there are situations in which two constitutionally guaranteed rights conflict and with regard to the health services provided, it is necessary to evaluate the situation individually. In the introductory chapters the thesis summarizes the legal regulation including the constitutional law of the provision of health services. Emphasis is placed on the rights of the patient, especially the possibility to decide on the provided health care in different situations. A separate chapter is devoted to the institute of previously expressed wish and its application to the period of delivery. In the context of postnatal care, the legal regulation of parents' decisions about the health services provided to their child is mentioned. The field of healthcare law requires the introduction of legislation into the context of...
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Patient-doctor-relationship
Vyvlečková, Petra ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The subject of this thesis is one very important relationship of health care - the doctor- patient-relationship. During a recent decades a big attention was paid to this theme both on international and czech field. In the Czech Republic the doctor-patient-relationship went through the essential change, when instantly changed from a paternalistic relationship to a partnership. Many legal changes followed this change finishing it by accepting the Act on Healthcare Services which for example describes rights and duties of subjects of this relationship. The first part is dedicated to a doctor-patient-relationship itself. Its history and evolution, placement in a legal system, legal form. One part is dedicated to an ethic aspect of doctor-patient-relationship. The second part discusses about rights and duties of both participants of this relationship. Specifically, rights determined by the Act on Healthcare Services. The third part is dedicated to detailed analysis of some basic patient's rigths and the doctor's duties characterizing doctor-patient-relationship in its current form. These are informed consent, where I describe, why it is needed. I was concerned about its requisites, possibility to abandon informed consent, to informed dissent including its form while a short look on an issue of...
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The right of a woman to decide on perinatal care
Hůlková, Kateřina ; Salač, Josef (advisor) ; Šustek, Petr (referee)
This thesis deals with the topic of providing perinatal care from the patient's point of view. The aim of the thesis is to use national legislation and decisions of Czech and international courts to determine under what conditions a woman has the right to decide on the provided health services. From the legal point of view the area of perinatal care brings many questions where it is not easy, also with regard to the ethical aspect of things, to find an answer. During the pregnancy and childbirth, there are situations in which two constitutionally guaranteed rights conflict and with regard to the health services provided, it is necessary to evaluate the situation individually. In the introductory chapters the thesis summarizes the legal regulation including the constitutional law of the provision of health services. Emphasis is placed on the rights of the patient, especially the possibility to decide on the provided health care in different situations. A separate chapter is devoted to the institute of previously expressed wish and its application to the period of delivery. In the context of postnatal care, the legal regulation of parents' decisions about the health services provided to their child is mentioned. The field of healthcare law requires the introduction of legislation into the context of...
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Knowlege the public about the issue previously expressed wishes
Šandová, Petra ; Prošková, Eva (advisor) ; Lukášová Jeřábková, Lenka (referee)
The patient's autonomy is very important part of medical and nursing practice and every patient should have a right to express their opinion about their treatment. Advance directives give person an opportunity to express even in situations when it is not possible to communicate with others. Although it is possible to write advance directives in the Czech Republic only negligible percentage of people take advantage of this possibility. Why is it so? I have set two goals in my thesis. My first goal is to determine the awareness of the general public about the advance directives in the Czech Republic and also I want to find out awareness about the possibility to appoint a guardian as a mediator of fulfilment of advance directives of an individual. It is also my goal to discover whether respondents would welcome greater awareness of this topic. My second objective is to determine the attitudes of respondents to the problematics of advance directives. I want to discover if the respondents have ever dealt with the idea of being in a situation which they could not communicate with their environment and if they would like to have an opinion to decide about their treatment and also if they would like to name their mediator. I would like to provide the results of my thesis to the department of quality...
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Living will in the Czech Republic's legislation in comparison with Australian Legislation
Kocichová, Ondřejka ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The aim of this thesis is a detailed description and analysis of the institute advance directives/previously expressed wishes in the Czech Republic in comparison with the Australian legislation. This thesis deals with the Queenland's legislation and the legislation of the Northern Territory. The methods used in this thesis are analyzes of legal norms and comparison of specific law regulations. Introductory chapters are focused on the principle of patient's autonomy in the Czech Republic legislation and on the protection of the person's integrity. The thesis covers not only the rules contained in the Act. No. 89/2012 Coll., the Civil Code, but also mentions rules in the Act. No. 40/1964 Coll., the Civil Code. The next chapter is focused on different patient's rights, such as the right to life and be healthy, the right to self-determination and the right to dignity. In the second part, the author focuses on the institute of advance directives/previously expressed wishes. First within the international legal framework. This chapter also underlines negative opinions about advance directives/previously expressed wishes and points out the benefits of their use in practice. Next the author focuses on the Czech legal regulations. The author does not mention only the Health Services Act, but also not...
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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...
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Right to live vs. unnatural termination of life
Dupáková, Petra ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to clarify the concept of the right to life in the legislative in the Czech Republic and in abroad with a comparison with its unnatural end, while abortion and euthanasia. This work is primarily devoted to law regulation of these institutes, but also covers other aspects such as religion, philosophy and science. It is designed so that each and every chapter is in its introductory section devoted to the formulation of the topic, the historical development in the Czech Republic but also abroad, it introduces the possible procedures and attitudes, it mentions for example and briefly compares similar institutes. Other parts of the diploma deal with legislation whether the right to life, abortion or euthanasia, provides comparison of domestic legislation with internationals. In light of the judgments of the European Court of Human Rights points the views and attitudes on the subject at the international level. The final section is then evaluated core issues especially from the standpoint of law.
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