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Civil law aspects of the provision of palliative care
Vráblová, Barbora ; Salač, Josef (advisor) ; Holčapek, Tomáš (referee) ; Doležal, Tomáš (referee)
Civil law aspects of the provision of palliative care Abstract This dissertation focuses on topics related to the area of intensive medicine and palliative care. In particular, the clinical environment where legal controversies related to the confrontation of two different approaches, curative and palliative, are discussed. The dissertation follows the structure of the medical law area in common law often called "Law at the end of life". The first part of the dissertation is dedicated to an analysis of relevant concepts in a more general fashion. This includes the concept of medical futility, the legal distinction between 'withholding' and 'withdrawing' life-sustaining treatment and euthanasia. One chapter focuses on the decision-making process at the end of life, and the ways of solving conflicts amongst persons involved in the process. Another chapter is dedicated to a detailed analysis of the Czech regulation of advance directives. The second part of the dissertation focuses on specific issues related to the provision of care at the end of life. These include decisions related to cardiopulmonary resuscitation and DNR orders, the deactivation of pacemakers, and palliative sedation. The final part of the dissertation provides legal analysis of specific cases from clinical practice. The dissertation...
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Informed consent of minors and persons with limited legal capacity
Vráblová, Barbora ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent presents interesting legal and ethical challenges that have been widely discussed both in Czech and foreign literature. Significant portion of the literature is concerned with a relationship between doctors and their patients and with the historical development of this relationship or with the principle of autonomy as one of the fundamental principles in the area of healthcare provision. Issues related to informed consent of minors or persons with limited legal capacity are often given only small amount of scholarly attention. It is for this reason that this diploma thesis deals solely with the issues related to the health care provided to minors and persons with limited legal capacity. The aim of this thesis is to create an integrated overview of the law regulating informed consent of these persons, to introduce the most important changes that have been made in recent years by the Act on Health Services and Conditions of Their Provision and by the Civil Code, and finally to add some of my reflections on selected issues which I find particularly problematic. The sixth chapter of the thesis focuses on a comparison between the Czech law and the English common law regulating informed consent of minors and persons with limited legal capacity. The issues of informed consent is an...
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Protection of personality rights of patients in context of medical care provision
Vráblová, Barbora ; Elischer, David (referee) ; Šustek, Petr (referee)
The thesis focuses on the issue of protection of personality rights of patients in the context of medical care provision. Regulation of personality rights protection represents an area of law where significant changes were made in the past. The aim of the thesis is to provide a complex overview of the law regulating personality rights of patients in the context of medical care provision, to analyse critically the relevant sections of the Civil Code and the Act on Health Services and Conditions of Their Provision and to point out problematic aspects of the current regulation, with particular focus on the relation between the two acts. I also highlight the lack of concept in some parts of the Civil Code, which I attempt to demonstrate on simple practical examples. Protection of personality rights of patients in the context of medical care provision is undoubtedly a very actual topic. The paternalistic model of doctor-patient relationship has been replaced by present-day contractual model where the patient acts as an active participant in the process of decision making. The regulation of the Civil Code supports this approach and emphasises the importance of an existence of effective means of protection. In the future it will be extremely interesting to observe how the legal practice will deal with the...
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