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Criminal liability of a physician and its evidence
Pešlová, Barbora ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of a physician and its evidence This master's thesis focuses on the concept of criminal liability regarding the performance of medical activities and its evidence. The aim of the thesis is to introduce the reader to the current issues of medical law from the perspective of criminal liability and to provide insight into other key aspects of its determination. The thesis offers answers to the questions of who and on what basis assess whether the doctor's actions were (non) lege artis, what consequences from such actions for the doctors may arise and under which circumstances the doctor will not be criminally liable. The thesis itself is divided into six chapters, which are then divided into other subchapters. The first chapter introduces medical law within the system of law of the Czech Republic and provides the basic framework of the sources of this area of law, which is regulated by both international conventions as well as national laws. The second chapter is devoted to the concept of (non) lege artis, this concept is a key criterion in deciding on the application of legal liability. The third chapter provides definitions of the conditions of criminal liability of (not only) doctors and its manifestation in the provision of health care. An important precondition for criminal...
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Criminal liability of health-care providers
Miřejovská, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of health-care providers Abstract This diploma thesis focuses on the criminal liability of the health-care providers. Its main objective is to provide a comprehensive overview of the fundamental issues, such as who can be a provider, what is the definition of healthcare services and what are the possible conditions of criminal liability. Another aim is to provide an overview of selected offenses that can be committed in connection with providing healthcare services and summary of the relevant legislation in the United Kingdom of Great Britain and Northern Ireland and in the Federal Republic of Germany. In this thesis, I mostly use the methods of description, analysis and comparison. The thesis is divided into six chapters, which follow a logical order. The first chapter explains the key concepts. Specifically, it is the definition of healthcare services, facilities and providers, lege artis procedure, informed consent and criminal liability. The second chapter focus on the criminal liability of natural persons, on the definition of a criminal offence and also the relevant circumstances excluding liability from the provision of healthcare point of view. The third chapter deals with the criminal liability of legal persons and their possible exculpation. The fourth chapter analyses selected...
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Criminal liability of physician for a non lege artis medical procedure
Zmeková, Veronika ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of physician for a non lege artis medical procedure Abstract This diploma thesis is focused on the issue of the criminal liability of physician for a non lege artis medical procedure. The main objective of submitted thesis is to define all the requirements and elements of criminal liability of the physician, therefore, to find an answer to under what conditions and in what situations the physician will be criminally responsible, and in what situation he will not be criminally responsible. Another objective of the thesis is to provide a definition of what can be considered as a lege artis procedure, what will be considered as a non lege artis procedure, who will assess such a procedure and what will be the consequences for the assessment of the criminal liability of a physician. In this thesis it was used mostly the method of description, analysis, deduction and a partial comparison. Thesis is divided into four main chapters, which are further divided into relevant subchapters. The first chapter is focused on the definition of all prerequisites for the criminal liability of a physician and also deals with the question of possible criminal liability of a legal person who is authorized to provide health services. The second chapter defines individual circumstances excluding illegality. The...
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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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Criminal liability in health care
Lepáček, Marek ; Bohuslav, Lukáš (advisor) ; Šelleng, Dalibor (referee)
1 Criminal liability in health care (abstract in English) The purpose of this rigorous thesis is to point out the criminal liability of health services providers, particular for doctors as individuals as well as for hospitals as legal entities. This thesis is divided into four chapters and, moreover, the integral part of it is also one attachment. The first chapter defines the basic legal terms in health care, such as informed consent, informed disagreement, the lege artis procedure, medical documentation and confidentiality. These institutions appear in health care mostly and their detailed definition will help the reader to better understand the goal of this work. Due to the fact that this thesis is aimed to criminal liability, the particular legal terms are defined especially in criminal matters too. The second chapter entitled as Criminal offences in health care hides in itself the individual crimes that a doctor may commit during the performance of his profession, both intentionally and negligently. In this chapter, not all crimes are defined, but especially those that occur to be most frequently in health care, eventually those which appear to be the most interesting in relation with the health care. Due to the fact that there is also the relevant case law in connection with some of the crimes, for...
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Communication and interaction of medical personnel with patient's family in the intensive care unit
Šimůnková, Kateřina ; Dvořáčková, Ivana (advisor) ; Kordulová, Pavla (referee)
Introduction: Communication with relatives of critically ill patients is a rather neglected area in the Czech Republic. Intensive care focuses more on the patient, equipment and highly specialized treatment while contact with relatives is often minimized. Moreover, the conversation consists mainly of brief statements related to the current health status of the patient. It is important to pay more attention to this issue, especially so that the medical staff can offer the patient's family the best possible help in their difficult life situation. Objectives and Methodology: The aim of this thesis was to map the professional preparedness of general nurses and doctors in the areas of communication with the patient's family. Next, the thesis also attempted to determine the attitude of the medical staff to the families of patients hospitalized in the intensive care unit. Furthermore, it also aspired to map the experience of the patient's family members with the cooperation and interaction with the medical staff during hospitalization of the patient. Last but not least, the aim of the thesis was to propose solutions to improve the current situation. The quantitative research was conducted using structured questionnaires. One version of the questionnaire was intended for families of patients in the ICU...
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The dynamics of asymmetry in healthcare communication
Francová, Veronika ; Rendl, Miroslav (advisor) ; Miovský, Michal (referee) ; Šmídová, Iva (referee)
The communication between patient and healthcare professional is one of the keys to patients' adherence to treatment and to successful therapy; hence communication is a relevant and widely discussed issue of our healthcare. The relationship between a patient and a health worker is rather asymmetric, which affects the course of their communication. This asymmetry is based on the patient made weak (helpless) by illness whereas the expert/physician is in the position to prescribe treatment with the health staff administering such treatment. The aim of the study is to explore the extent of asymmetry in Czech hospitals, the situations where it is most pronounced and the changing structure of asymmetry as seen from the patients' point of view. We conducted a qualitative analysis of 16 interviews with respondents who have experienced hospitalization. The analysis focuses on the psychological level of communication and on the dynamic process in which the asymmetry is being negotiated. We have proved that there is an a priori asymmetry in the relationship, which, under certain circumstances, is effective for the treatment. The asymmetry is being continually negotiated throughout the communication as it fluctuates within four areas: (1) providing information, (2) rules and practices of the hospital, (3)...
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Legal liability of a physician in graduate medicial training and its practical consequences
Štoková, Daniela ; Frinta, Ondřej (referee)
Legal liability of a physician in graduate medical training and its practical consequences Abstract From both legal as well as practical point of view, a physician in training (i.e. without specialist qualification for performing the medical profession of physician) finds himself in a unique position, differing from those of any other medical staff. Having completed a medical degree, a physician starts his journey towards obtaining an unrestricted license to practice medicine. However, up until a successful ending of his graduate training, he is required to practice medicine under direct or indirect supervision of an attending physician, with a sole exception of those procedures explicitly permitted to be done unsupervised. With regard to the above mentioned, the aim of this thesis is to deliver a complex picture analysing legal liability of a physician in graduate medical training. Further on, it aims to critically assess current legislation concerning this topic on the grounds of relevant case law as well as outcomes of a survey among physicians without specialist qualification for performing the medical profession of physician. First part of the thesis analyses mainly the legal framework a physician in training has to work in, i.e. Act. No. 95/2004 Coll. Following part of the thesis then covers the issue...
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Legal liability of a physician in graduate medicial training and its practical consequences
Štoková, Daniela ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Legal liability of a physician in graduate medical training and its practical consequences Abstract From both legal as well as practical point of view, a physician in training (i.e. without specialist qualification for performing the medical profession of physician) finds himself in a unique position, differing from those of any other medical staff. Having completed a medical degree, a physician starts his journey towards obtaining an unrestricted license to practice medicine. However, up until a successful ending of his graduate training, he is required to practice medicine under direct or indirect supervision of an attending physician, with a sole exception of those procedures explicitly permitted to be done unsupervised. With regard to the above mentioned, the aim of this thesis is to deliver a complex picture analysing legal liability of a physician in graduate medical training. Further on, it aims to critically assess current legislation concerning this topic on the grounds of relevant case law as well as outcomes of a survey among physicians without specialist qualification for performing the medical profession of physician. First part of the thesis analyses mainly the legal framework a physician in training has to work in, i.e. Act. No. 95/2004 Coll. Following part of the thesis then covers the issue...
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Informed and engaged patient: The case of Crohn's disease
Kocelský, David ; Numerato, Dino (advisor) ; Novotná, Hana (referee)
This bachelor's thesis focuses on the relationship between the patient and the doctor, which can be changed by the influence of the Internet and modern technologies. Possible relationship transformation is investigated from the perspective of patients with Crohn's disease. The aim of the work is to find out whether Internet access can affect the relationship between the patient and the doctor. In the theoretical part, there is described the importance of trust, which fulfills an important function in the relationship between the patient and the doctor. Furthermore, the social role of the patient in society and the medical description of Crohn's disease are also clarified here. The results of the thesis are presented and analyzed in the empirical part. The data was gathered through semi structured interviews with six patients with Crohn's disease and two chairmen of patient organizations. The research results did not confirm the assumption that access to the internet may be the cause of a change in the relationship between the patient and the doctor. Respondents interviewed stated that the relationship with their doctor was based on trust, and the information found from the Internet would not be preferred to those provided to them by their doctor.
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