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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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Patient's damage
Chocholoušová, Tereza ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Patient's damage The goal of this presented diploma thesis is to discuss the problem of patient harm due to health care. To achieve the stated goal, the thesis is divided into five main chapters, in which the first chapter discusses the relationship between the patient. The first chapter also introduces the rights and obligations of both the patient and the physician. This chapter also deals with the issue of informed consent. The second chapter focuses on the issue of legal liability, addressing both civil liability in general and its individual types, as well as criminal liability. The next chapter is about the procedure lege artis and the related health ethics concept. Part of this chapter is also the issue of expert opinions. The fourth chapter is crucial for the thesis, because it deals with the patient's own damage. This chapter deals not only with undesirable events that could result in patient harm, but also about the subsequent compensation of the patient in the form of painful and compensation for the burden of social application. Within the subchapter on patient harm in practice are mentioned the decisions of the Supreme Court of the Czech Republic issued in specific cases of patients' injuries. And for completeness, one European Court of Human Rights decision. The last chapter mentions...
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Patient's damage
Chocholoušová, Tereza ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Patient's damage The goal of this presented diploma thesis is to discuss the problem of patient harm due to health care. To achieve the stated goal, the thesis is divided into five main chapters, in which the first chapter discusses the relationship between the patient. The first chapter also introduces the rights and obligations of both the patient and the physician. This chapter also deals with the issue of informed consent. The second chapter focuses on the issue of legal liability, addressing both civil liability in general and its individual types, as well as criminal liability. The next chapter is about the procedure lege artis and the related health ethics concept. Part of this chapter is also the issue of expert opinions. The fourth chapter is crucial for the thesis, because it deals with the patient's own damage. This chapter deals not only with undesirable events that could result in patient harm, but also about the subsequent compensation of the patient in the form of painful and compensation for the burden of social application. Within the subchapter on patient harm in practice are mentioned the decisions of the Supreme Court of the Czech Republic issued in specific cases of patients' injuries. And for completeness, one European Court of Human Rights decision. The last chapter mentions...
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Protection of personality in healthcare
Šrámková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The subject of this thesis is "Protection of personality in health care" which is an important and especially current topic. After the recodifications of relevant legislation - particularly the recent Civil Code (which is built on the natural law concept) - is more focused on the protection of personality and it generally changed perception of harm to personal rights. It is newly called "compensation for personal harm to the natural rights of person" and claims for compensation for damages and recompense of non-pecuniary damages is tied to a single court proceedings. The thesis is divided into four parts. The first part introduces the basic concepts related to personal rights and to certain medical terminology including explanation of the term "lege artis". The second part presents the relevant legislation, both national and international. The third and largest section is devoted to the protection of patient's personality which is defined by the individual rights of patient in health care. It refers to the patient's right to be treated "lege artis" during receiving of health services, patients' right to be informed and provide related informed consent (on which the thesis is particularly focused), medical confidentiality of health workers and issues related to handling the patient's medical...
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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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