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Protection of personality rights in relation to the provision of health services
Toužimská, Eliška ; Frinta, Ondřej (advisor) ; Thöndel, Alexandr (referee)
The concept of personality rights and their protection, as well as the view on provision of health services has changed a lot. In relation to recent development in the field of private law there is a need to examine the aspects of personality rights separatelyy and also in broughter context. This Master's thesis sets as its goal to follow the current legislation and to point out situations where the personality rights can be especially endangered. The second goal is to evaluate current legal issues in foreign countries of the protection of personality rights in relation to the provision of health services in order to see if there is a probability that Czech law will have to deal with similar problems in the future as well. In the first part the concept of personality rights and their protection is introduced. The aspects related to the provision of health services that may be especially endangered are highlighted. Also the possibilities of resolving situations where there is infringement of personality rights are presented. The second part, which is also the most comprehensive of the thesis, deals with the specific institutes that help the protection of the personality rights in the field of health services. These include primarily informed consent, the way of providing it and the consequences of...
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Proxy decision making for incompetent patients
Francová, Terezie ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
1 Proxy decision making for incompetent patients Abstract The author of this thesis discusses the applicable Czech legislation on the proxy decision making for incompetent patients and the provision of medical care without informed consent. The thesis is divided into six parts, while the first part is devoted to the definition of the basic terms that are directly related to this topic and which are repeatedly used herein. These basic terms are the following: health services and healthcare, informed consent and the patient. The second chapter is devoted to sources of law, which are divided into three levels - international sources, European Union law and national sources. Within the national regulation, attention is focused mainly on Act No. 372/2011 Coll., On health services and conditions of their provision, as amended. It also outlines the issue of the duality of legal regulation, that was caused by the adoption of Act No. 89/2012 Coll., Civil Code. The third chapter deals with surrogate consent, attention is paid mainly to resolving conflicts of opinions and to the best interests pricniple, as to the key factor when granting the proxy consent. The fourth chapter is devoted to the institute of previously expressed wishes. The fifth chapter analyses the issue of providing health services to vulnerable...
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Ethics of doctor-patient relationship in dentistry
Pipková, Irena ; Bednář, Miloslav (advisor) ; Bencko, Vladimír (referee) ; Šimek, Jiří (referee)
The work involves comparingethical values in the general population without serious damage to the general health, and in pacients within overal disease where i tis clear that the scale of values of the two groups are different. From futher examinations came some additional insights /see Chapter 4 d/ and chapter 5 work/. Results and conclusions are in line with Anglo-Saxon literature/ European and overseas/ and our own experience with treating pacients. No medical industry can not fully ensure full health of pacients. There is a set of values focused on specific medical professions and their own core values. These parameters set values based on many aspects of professional decision meking. And those serve to assess the pacientś needs. How to treat and the doctorś own medical approach to the pacient with severe overal ilness correspondens to the hierarchy of ethical values in Ozar-Sokol scheme. Proposal of six major ethical values concerning dentistry and access to treatment and justice in distribution and alocation of resources in surgical pacients with variety of serious medical interventions: heart surgery, transplants, etc./ ethical values contribute to the proces of decision- making in case of conflict. Not all Ozar-Sokol scheme recognizes those. From the perspective of pacients with serious...
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Informed consent
Havlenová, Kateřina ; Elischer, David (referee)
The aim of this thesis is to describe and evaluate legislation concerning the informed consent in the Czech legal system and propose its changes de lege ferenda. The thesis also comprises many comparisons between the Czech legislation and the foreign legislation. The first five chapters of this thesis deal with sources of legislation, informed consent as such along with information of patients as a necessary prerequisite for giving of the consent, other topics are refusal of medical care by patients and the so called advance decisions. Apart from this theoretical part the thesis also includes a practical part. The aim of this practical part is to explore implementation of legislation concerning informed consent in the everyday practice of hospitals and subsequently to compare this practice with the requirements of law. This survey was carried out by means of questionnaires, which were submitted to doctors relating theirs experience with using of informed consents in their medical practice. The purpose of this practical part is also to find out the experience and opinions of recipients of medical services, i. e. the patients, concerning different issues connected with the informed consent, also by means of the questionnaire method. Last but not least the thesis mentions many problems which are...
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Informed consent
Havlenová, Kateřina ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The aim of this thesis is to describe and evaluate legislation concerning the informed consent in the Czech legal system and propose its changes de lege ferenda. The thesis also comprises many comparisons between the Czech legislation and the foreign legislation. The first five chapters of this thesis deal with sources of legislation, informed consent as such along with information of patients as a necessary prerequisite for giving of the consent, other topics are refusal of medical care by patients and the so called advance decisions. Apart from this theoretical part the thesis also includes a practical part. The aim of this practical part is to explore implementation of legislation concerning informed consent in the everyday practice of hospitals and subsequently to compare this practice with the requirements of law. This survey was carried out by means of questionnaires, which were submitted to doctors relating theirs experience with using of informed consents in their medical practice. The purpose of this practical part is also to find out the experience and opinions of recipients of medical services, i. e. the patients, concerning different issues connected with the informed consent, also by means of the questionnaire method. Last but not least the thesis mentions many problems which are...
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Constitutional Protection of Physical Integrity of Patients
Vu Thanh, Tam ; Hofmannová, Helena (advisor) ; Kindlová, Miluše (referee)
The main topic of the master's thesis is protection of bodily integrity, which started to play an important role since the beginning of this millennium in the continental Europe in support of patient's individual rights. The thesis particularly undergoes research by which means is patient's bodily integrity guaranteed on the constitutional level. For that purpose, the thesis analyses informed consent in its various forms, namely in comparisons to foreign literature and judgements in USA and United Kingdom. Simultaneously the court decision became the centre of attention, because of its guarantee to protect bodily integrity to minors and incompatible people. These conclusions the thesis then follows up and applies on cases, in which is bodily integrity of patient is most vulnerable. The conclusion of this thesis is that the protection of bodily integrity is guaranteed on the constitutional level by art. 7 par. 1 Charter of fundamental rights and freedoms and art. 8 European Convention on human rights. Simultaneously the thesis comes to the conclusion that in some cases the protection of bodily integrity in not fully guaranteed. That's the case of sterilization of transsexual patients who are forced to undergo this surgery by statutory regulation. The thesis in the case of compulsory vaccination...
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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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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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Human dignity as the base of the physician-patient relationship
ŠVECOVÁ, Veronika
This bachelor thesis focuses on the human dignity issues, which is an integral aspect of successful treatment and good relationship between patient and doctor. The thesis outlines the historical development of ethical perception of the patient in relation to his physical, mental, social and spiritual needs of the contemporary transformations. An integral part of this development is the Christian spirituality with its charity care for the ill and destitute, which is one of the corner-stones of the European ethics. Current perceptions of human dignity is based on a comprehensive knowledge and understanding of man in his uniqueness. Method for the preparation of this work is the study of relevant literature, especially from the field of medical ethics.
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Informed Consent (Comparative Study)
Franta, Jakub ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Informed consent is one of the most discussed issues of medical law. This thesis tries to contribute to the discussion through a comparative study between Czech law and Canadian law (the common law part of Canadian law), focusing on the basic components of the subject matter. The thesis is divided into six parts. The first one deals with information disclosure and consent to treatment in the paternalistic model and the participatory model of a doctor-patient relationship. The second part provides an overview of relevant Czech and Canadian legal sources and also of key milestones in the development of informed consent in both countries. The third part of the thesis discusses the concept of informed consent. The fourth part is focused on the disclosure - its content and scope, form and other related aspects. The fifth part of the thesis deals with the consent itself - its elements, the withdrawal of consent and the refusal to give consent. Finally, the sixth part deals with the specifics of minors. With regard to the basic features of informed consent, it can be clearly stated that the compared legal systems are fundamentally the same. Differences can be seen only when analysing the subject matter into very great detail and those differences are usually various technicalities (e.g. determination of...
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