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Protection of human foetus
Holub, Adam ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
Protection of human foetus - summary The thesis gives a detailed analysis of the extent and standard of protection of the human foetus in the Czech legal system, concentrating on the aspects of criminal law. In the introductory part it presents a brief chronological survey of the synopses of the most significant instruments which constitute the subject of the thesis. The legal institutions concerned are - in the minimum necessary extent - put in the context of several key international agreements, with the emphasis laid on the provisions of the Convention on Biomedicine whose concept significantly influenced that of the Czech medical law. Also the role of civil law and its connection - both as regards the terminology and content - with the other relevant provisions of the legal system are briefly mentioned in the third chapter. However, the thesis focuses mainly on criminal law and therefore its greatest part is concerned with the means by which criminal code guarantees the protection of human foetus. Not only does it give a survey of selected criminal offences and their matters of issue, but it also underlines their connection with the provisions of the first part of the law in question as far as the interpretation and application are concerned. A brief separate chapter deals with the connection of...
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Doctor - patient relationship
Šimečková, Irma ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
DOCTOR - PATIENT RELATIONSHIP RESUMÉ The topic of the doctor - patient relationship is so broad that this graduation thesis cannot cover nearly all of its aspects. The aim is to capture the most basic institutions of doctor - patient relationship in period just before the effectiveness of the reform of health services. Historical development of medical law in the Czech Republic is summarized in the very first chapter. The aim was mainly to express complicated role of post-communist countries in connection with their efforts to integrate into the modern system, which was then for the rest of Europe completely natural. The second chapter issues the basic elements controlling the relationship between doctor and patient, including the definition of the term lege artis, whose explanation is an essential part of every publication dealing with medical law. Chapter provides a comprehensive view of the institutes, which are largely discussed in subsequent chapters. The next three chapters deal with the issues of informed consent, duty of confidentiality of medical staff and management of medical documentation. Informed consent is the central institute of medical law and most important element of the relationship between doctor and patient. The topic of the consent of the patient with the health care is treated in...
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Public health insurance and its new legislative conception in the Czech legal order
Novotná, Lenka ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
This thesis is focused on current public health insurance system in Czech Republic and its possible future changes according to the proposals of the present government. The term "public health insurance" does not necessarily imply that the system is administered by public body (or bodies); it rather refers to the fact that the health insurance scheme in Czech Republic is designed to be a social and mandatory system based on solidarity of insured and plurality of health insurers. All members of the system are regularly contributing according to their possibilities. Their contribution is monthly redistributed among health insurance companies according to the risk adjustment scheme. That ensures that the health insurers get more money for diseased insured and so they don't have motivation to risk selection. As a result, all diseased should be getting every health care they need. Such systems are also often called statutory health insurance schemes. Nowadays, Czech Republic faces several problems related to this area. Czech health insurers are owned neither by the state, nor by anyone else. That brings a lot of uncertainty into the system, because there is no one responsible for the economic results of health insurance companies. As a result of that, a huge amount of financial resources is spent needlessly. On...
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The human organ Transplantation Act - moral and ethical problems in its application, comparison with international legislation
Godalová, Tereza ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
This diploma thesis deals with the issue of organ and tissue transplantations in the Czech Republic and contains a comparison with other systems of law and practices. The first part of the thesis is focused on the history of performing transplantation and sources of law. The second part provides an explanation of Czech transplantation act. For better clarity, the chapters are organized in accordance with the act. The comparison with other countries is included in particular chapters so it is possible to demonstrate other possible ways of regulation. Apart from the elaboration of the transplantation act the thesis elucidates the ethical questions and upraise of legal liability in concern with performing transplantations. The fundamental part of the thesis deals with the detail analysis of the transplantation act and other legal regulations connected with performing transplantations. In particular, the chapters step by step explain conditions for organ or tissue removal from living or deceased donors, organ implementation into the body of the recipient and all other related actions. In chapter no. 3.4 two different systems of consent with post mortem organ donations are distinguished. The chapter introduces advantages and disadvantages of both systems - the system of presumed consent (opt out) and...
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Rights of patients in the Czech Republic
Švadlenová, Šárka ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Résumé in English The rights of patients in the Czech Republic People often discuss about human rihgts. Rights of patients also pertain to human rights. The rights of patients are included in the branch of medical law. They occupy a significant place in man's life, becauce sometimes each of us will find in the position of a patient. The term patient is a cardinal term of medical law. This term is used frequently in adjudications or legal regulations, but we do not find its legal definition anywhere. The patient is a person who is sick or hurt and needs a medical treatment. The word patient originates in Latin as "pati" and it means to suffer or to endure something. This term incorporates also healthy persons who take a preventive medical examination. The relationship of a physician and a patient is a basic relationship in the health service. At first this unequal relationship was grounded in paternalistic conception. It meant that the doctor was an authority who knew what was the best for a patient. The patient was just the object of care. After the 2nd World War this conception changed when conventions of human rights were created. Nowadays the relationship between the physician and the patient is equal and partnership. The patient is participating in decision-making his treatment and no medical...
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Mobility of patients within the European Union
Ratajová, Daniela ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
51 zdravotní pé e stala t žko nedosažitelnou. Autorka se však domnívá, že pokud lenské státy budou garantovat svým ob an m ur itý standard zdravotní pé e, tržní mechanismy na trhu se zdravotními službami by m ly za následek celkové zlepšení úrovn poskytovaných služeb v rámci EU.218 Ke zdravotnickým službám je tedy t eba p istupovat jako k jiným službám, tedy vytvo it áste n harmoniza ní právní úpravu a bránit omezování jejich volného pohybu uvnit Spole enství. Zárove je nezbytná intervence státu v podob garance ur itého standardu pé e, aby uplatn ní práva na poskytování zdravotní neza alo byt závislé výhradn na schopnosti zaplatit. Podle názoru autorky je t eba p ipustit možnost krátkodobého negativního dopadu Sm rnice na eský zdravotnický systém. A koli Sm rnice nezavádí nic nového, lze p edpokládat, že po jejím p ijetí se zvýší informovanost ob an , kte í tak budou více p eshrani ní pé e využívat. Podle l. 31 Listiny základních práv a svobod219 a podle § 11 zákona o pé i o zdraví lidu mají eští ob ané nárok na bezplatnou pé i v souladu se sou asnými dostupnými poznatky léka ské v dy, p i emž není možné si p iplatit za nadstandardní pé i, protože ta vlastn není. Takový požadavek samoz ejm není dlouhodob udržitelný. M že nastat situace, kdy by stále více osob, které jsou na ekacích listech, požadovalo...
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Legal responsibility of a medical doctor
Hamran, Richard ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
LEGAL LIABILITY OF A DOCTOR The purpose of my thesis is to analyse briefly the issue of legal liability of a doctor for his professional duties. Stemming form relevant legislation, the doctor owes many duties and responsibilities and his failure to obey them properly could lead to various liabilities. The aim of the paper is not to consider in a detail all the questions concerning the liability of the doctor. On the contrary, I try to outline particular kinds of the doctor's liability in a systematic way and furthermore to scrutinize some partial issues relating thereto. The reason that led me to my research is the fact that the more human rights are recognized the more prudent and diligent the doctor must be while treating his patients. Legal approach towards medical treatment has changed over past few decades but is the society and especially affected professionals ready for this change? This thesis is divided into two parts having eight chapters altogether. Each of chapters deals with different aspects of the subject matter. The introductory chapter points out basics of the medical law and gives a brief look at the evolution of a legal approach towards the liability of the doctor during ages. The rest of the first part briefly characterizes common premises of the legal liability in general and...
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Selected aspects of the legal relationship between a doctor, parents and a minor patient - criminal aspects
Smrčková, Zuzana ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The selected aspects of the legal relationship of doctor, parents and minor patient - the criminal aspects. (Abstract) This paper discusses various legal aspects of the relationship, which may arise between a minor patient, his parents and his doctor (or other appropriate health professional). The most important general rule holds good also in the Czech healthcare law. The general rule says that any interference with bodily integrity, and therefore each therapeutic medical intervention, can take place only with the consent of the patient. To be eligible to make such an agreement is a crucial legal capacity according to the arrangements of the Czech Civil Code. If someone is not eligible in this way about himself decide to grant consent to an intervention, it must be done by his legal guardian. In the case of minors it is usually intended by both parents. The most important regulation of the legal issues that arise in the care of the patient is found in Act No. 20/1966 Coll. Health Care. However from the perspective of the Convention on Human Rights and Biomedicine this regulation appears to be somewhat outdated and patients and physicians (as well as other medical staff) find the law like overly complex, unintelligible and therefore unsuitable for their use. Unfortunately this law should help and serve...
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Basic rights of the patients
Fedrová, Michaela ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Resume in English The thesis Basic rights of the patients compares two systems of law, the Czech and the French one. This work introduces the resources of legal adjustments of the both law systems in the area of medical law. Later on it deals with the relation doctor - patient, the interpretation of which is absolutely different in both countries. France has been proud of its contractual relations since the thirties of the 20th century, while the Czech republic can be characterized with more of a paternalistic relation. The separate basic rights are arranged according to their importance in this thesis. The author introduces the international legal form, then the local variant, the French legal form being given the advantage. In the conclusion of some chapters the reader will find a short resume, evaluation of pluses and minuses and a short lay-out of the new legal modifications or inspiration for the lawmakers. First of all the right to life and the right to protection of human personality are being dealt with. These rights are the top values of the human society, that is why they are protected by the normatives of the top legal force. Within these rights the author renders especially the criminal responsibility of the medical staff, mainly in connection with taking an active part in euthanasia or suicide....
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