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Informed Consent - Comparation of Legal and Ethical View.
Doležal, Adam ; Payne, Jan (advisor) ; Kuře, Josef (referee) ; Drozenová, Wendy (referee)
Informed consent can be considered, without any doubt, as a central issue in current bioethics and in medical law. The modern relationship between physician and patient has completely changed. Informed consent has dominated the theoretical discussions since the 1970s. Its importance is essential for both medical research and clinical practice. This work focuses mainly on clinical practice, on the relationship between a doctor (or more generally a healthcare professional) and a patient. The institute of informed consent has evolved similarly in medical ethics as well as in the medical law, but there are some significant differences. One of the basic issues of this work is to distinguish both positions and point out differences between legal and ethical aspects of this institute. The thesis sees the fundamental differences in the different purposes of both two key normative systems, in their function, in the values they represented and in the principles they emphasized. While trust and mutuality are essential to informed consent in ethics, the legal institute reflects more the protection of the subjects, especially the protection against abuse, thus providing legal certainty especially for the patient. The ethical level is primarily to ensure respect for the other person so that he or she is...
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Civil liability in healthcare
Jurnečka, Filip ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability in healthcare Abstract The topic of this master thesis is civil liability in healthcare. The aim of the author of this master thesis was to provide an analysis of the existing legislation, while also discussing individual aspects of legal liability, lex artis and as well as the individual actus reus of the duty to provide compensation for damage. The first chapter of the thesis deals with the hierarchical division of relevant legal sources with a focus on the regulation concerning the term lex artis. In the area of international law, the Convention on Human Rights and Biomedicine is discussed, which can be considered as a basis for national regulation, namely the Health Services Act. In conclusion, a brief explanation of the Code of Ethics issued by the Czech Medical Chamber is provided. In the second chapter, the concept of civil liability and its influence on civil liability is explained first and then the author of this master thesis discusses the individual conceptual theories of civil liability. It specifically concerns civil liability as a threat of sanction, sanction conceptual theory, other concepts of legal liability and a current view on this issue. It is followed by individual conditions of liability and its functions. The third chapter deals with the terminological analysis of...
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Aspects of the Personality Protection of Medical Doctor and a Patient
Sivák, Jakub ; Salač, Josef (advisor) ; Šustek, Petr (referee) ; Sovová, Olga (referee)
Aspects of the Personality Protection of Medical Doctor and a Patient Abstract I have been dealing with the subject of personality protection since my master studies. I have been involved in protection of personality in student scientific conferences, in student scientific work, in my thesis, in my doctor thesis and in other publications as well. The topic "Aspects of Personality Protection of a Medical Doctor and a Patient" follows my previous professional publications on personality protection. The presented dissertation is compositionally sorted from general parts to specific parts. From the introduction, which defines the assignment and the tasks of presented dissertation, follows the historical outline and definition of terms. After that there is a section describing the rights and duties of a medical doctor and a patient within providing health services and a description of the specifics of a legal relationship that arises between a doctor and a patient (health care contract according to the Czech Civil Code). The next chapters deal with protection of personality from the perspective of medical law. They are followed by the topic of personal data protection in medical law, which, in my opinion, deals with the protection of personal data not only for the patients but also for the medical doctors. The...
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Doctor protection vs. pacient protection
Svobodová, Dominika ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Doctor protection vs. patient protection. This diploma thesis deals with the medical law, namely the protection of physicians and the protection of patients, and their mutual comparison as entities standing more or less against each other. The main objective of the thesis was to analyse the protection of both sides; the practical example provides describes a controversial situation which may happen in reality, also gives better understanding of the issue for readers. The aim was to capture the complex and also very extensive legal regulation of the topic, focusing on the touchpoints between the medical and civic laws. In view of the wide range of the topic in question, I consider specifically some sections of the thesis as the most important. At the beginning, the thesis provides a specification of the elementary legislation regulating the medical law. This is not a comprehensive list of resources, due to the enormous extent of the legislation regulating the medical law. Individual chapters describe the topics of informed consent and the protection of personal data, the provision of healthcare without the patient's consent and the special arrangement concerning the consent of underage patients, the relationship between the physician and the patient, the confidentiality duty, previously expressed...
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Legal issues of gametes in relation to assisted reproduction
Stieranková, Aneta ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
66 Abstract Legal issues of gametes in relation to assisted reproduction The thesis deals with the issue of assisted reproduction with a specific focus on gametes and some issues that are associated with them. In order to better understand contradictory opinions and views on a particular issue, the Czech legislation is compared with the British legislation. Then, in each individual case, it is assessed which country has dealt with the problem better, using a comparative method. The introduction of the thesis deals with assisted reproduction in general, especially from the point of view of definition of the concepts and historical development of this issue. Subsequently, the basic legal framework for assisted reproduction is defined both in the Czech Republic and the United Kingdom. Briefly, there are also summarized the most basic requirements for gametes donors in both countries. In terms of specific problems related to gametes, much of the work focuses on the anonymity of sperm donors, in particular summarizing the most important arguments of its opponents and subsequently refuting these arguments. The conclusion of this chapter submits why, in my view, the anonymity of sperm donors should be maintained. The next part is devoted to financial rewards for donation of gametes, their admissibility and amount....
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Distributive justice in the context of transplantation medicine
Urbanová, Anna ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The thesis deals with the concept of distributive justice in the context of health care, whereas the main point of view is transplantation medicine. The field of transplantology has been globally struggling with the lack of resources, but unlike other medical sectors, the deficiency is not in financial resources, but life savings organs. The vital organs need to be distributed in a justifiable way among patients registered on waiting lists. The paper aims to explore different approaches to such allocation and to assess them from the legal and ethical perspective. The first part of the thesis introduces the concept of distributive justice with an emphasis on the right to health care. Further focus is on transplantation, with a brief description of the history of transplantation activities and the development of the whole society's perception of this method. Another part of the paper is devoted to the ethical discussion and associated controversial issues, especially to those that may potentially influence the general lack of organs. The next chapters describe current legislation on transplantation at international, European and national level, as a legal framework for the system of allocation criteria, on basis of which the distribution of organs takes place in practice. For their assessment,...
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Contract for health care under the Civil Code
Slavíček, Jakub ; Salač, Josef (advisor) ; Šustek, Petr (referee)
i Název diplomové práce v anglickém jazyce Contract for health care under the Civil Code Abstract This master thesis discusses a contract for health care under the Civil Code. A contract for health care was established as a new nominate contract type on the 1st of January 2014, as the Civil Code Act 89/2012 Sb. became effective. Considering the importance and wide use of the contract, it is staggering how the public knowledge about this topic is insufficiently low. The aim of this thesis is to generally introduce the topic and analyse its individual aspects. The thesis also draws attention to potential interpretation issues and legislative imperfections or ambiguities. The theoretical angle is suitably being supported by practical examples, which contribute to the overall understanding of the topic as well as make the explanation clearer. This paper gives an elementary explanation of relations between the Civil Code as a general act and special acts. To provide the best possible picture of the contract type, author likewise mentions a brief historical background and relevant elementary international law relations. Thereto the thesis includes an excursus to the English law, specifically to a patient's consent. Regarding the contract for health care under the Civil Code itself, the paper gives an...
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Patient rights and obligations in the provision of medical services.
FIALOVÁ, Jindřiška
In recent years in academic circles, but also in public they are increasingly talking about patient rights and obligations relating to health care. Although awareness of patients increases, the current situation is unsatisfactory and requires qualitative change for the better. I believe that everyone should have in this area, at least the basics, because if the patient finds himself in a doctor's office, it is important to know their rights, but also obligations mainly due to an equal relationship of patient and physician. Right and duty are paired term. Law of one operator, the obligation of another person before the law. In the relationship between doctor and patient outweigh the rights of the patient. They are guaranteed by international conventions, constitutional laws and laws "ordinary" which, in my thesis I mention. Their fulfilment can then be implemented through the respective responsibilities of healthcare professionals and healthcare facilities. The long-awaited law no.372/2011 Sb., On health services, which replaced the outdated and repeatedly amended law no.20/1966 Sb., On care and people's health was the subject of great expectations from professional and lay public. These changes should lead to greater patient satisfaction and improve the quality of care provided. Any change may also bring a series of problems, especially when patients have had sufficient knowledge of the new legislation. Knowledge of legislation in this area is essential to ensure that the patient can exercise their rights and defend themselves in the event of a violation. The thesis is divided into two parts: theoretical and practical. The theoretical part will briefly deal with the historical development of the rights and duties of patients, explaining the core concepts that relate to patient care and medical law. Furthermore, in this work I mention important legislation in the health sector, worth mentioning Convention on Human Rights and Biomedicine, and the above-mentioned law č.372 / 2011 on health services and conditions of their provision. For the practical part of the chosen method of quantitative research - questionnaire technique. The research sample consisted of 136 respondents from Trebic district. The aim of the thesis is to summarize legislation and to identify the knowledge of rights and duties of patients among the general public. To achieve the research goal I set two hypotheses. First hypothesis: Patients with higher education know more rights and obligations of patients than those with less education. The second hypothesis: Women know more rights and obligations than men. Based on the data and statistically evaluated both hypotheses were confirmed. The results of this research show that patients with higher education know more rights and obligations of patients than those with less education, and also significant superiority in knowledge of women over men's knowledge.
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Criminal Liability in Medical Law
Musilová, Barbora ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability in medical law This diploma thesis deals with a criminal liability in medical law, especially with a criminal liability of providers of healthcare, which are not only individuals, but also legal entities. This thesis also compares Czech criminal and medical law with criminal and medical regulations in the Russian Federation. The thesis itself is divided into three chapters, which are subdivided into several sections. In the first chapter the criminal liability in medical law is analysed generally. It concerns general aspects of criminal liability, possible crimes, conditions under with healtcare services may be provided without any criminal sanction and other types of liability in medical law, such as civil, labour, administrative and disciplinary liablities. It introduces into criminal law and medical law in the Russian Federation. The second chapter defines providers of healthcare and shows those providers as possible subjects of criminal liability. It also describes the system of healthcare in the Czech Republic and compares it with the extensive system of healthcare in Russia. The criminal liability of legal entities is presented in chapter three. The Czech legislation from the year 2016 regarding the criminal liability of legal entities is discussed in consideration of...
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Criminal Liability in Medical Law
Hošková, Annette ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The submitted diploma thesis deals with the issue of criminal liability in medical law, which is one of the most discussed topics nowadays. The aim of the thesis is to provide a comprehensive analysis of the criminal liability of healthcare workers, a special attention is paid to analysis of selected crimes which can be committed in relation to delivery of healthcare. This diploma thesis is divided into 4 chapters presented in logical and systematic order. There are also opinions resulting from the case law and considerations de lege ferenda through the entire text. The first chapter deals with the definition of legal liability in general and conditions of its rise at a general level. For deeper introduction into this issue there are further described the types of legal liability in the context of medical law. Following chapter creates the information framework for definition of the basic concepts, such as ultima ratio principle, lege artis and conception of a crime and its constituent fact. There is also a demonstrative enumeration of circumstances excluding illegality. The main part of this thesis contains analysis of selected crimes which are at the same time most common in the healthcare area. Special attention is also paid to criminal liability of legal entities related to recent law...
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