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Alternative Dispute Resolution in Civil Disputes between Patients and Heathcare Providers
Syrová, Adéla ; Holčapek, Tomáš (advisor) ; Svatoš, Martin (referee)
Alternative Dispute Resolution in Civil Disputes between Patients and Heathcare Providers Abstract This thesis is centered on addressing the use of alternative dispute resolution (ADR) methods concerning conflict resolution between healthcare providers and patients in the Czech Republic. The initial chapter delves into the substantive aspects of ADR in civil disputes within the healthcare sector. The first subchapter provides a brief overview of the civil liability of healthcare providers. Subchapter two explores the doctor-patient relationship, shedding light on some of its problematic facets that can lead to conflicts. Chapter three focuses on ADR. It not only defines the concept of alternative dispute resolution but also employs charts to compare mediation and litigation, highlighting the potential of ADR. The subsequent subchapter outlines the characteristics of ADR. While a complaint isn't strictly considered an ADR method, it plays a crucial role in the healthcare sector, acting as a precursor to the ADR process. Thus, the following section delves into the complaint mechanism and the individuals responsible for handling complaints, including hospital ombudsmen, lawyers, and the Public Defender of Rights. Subsequent subchapters then enumerate various ADR methods applicable to healthcare, specifically...
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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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Autonomy of the patient's will at childbirth
Sedláček, Tomáš ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Page 1 of 2 Abstract The diploma thesis deals with the topic of autonomy of the mother's will during childbirth. The main goal of the work is to analyze the legal regulation concerning the provision of healthcare in connection with childbirth and the limits of the autonomy of the patient's will in this situation. The aim of the thesis is to examine the issue of the autonomy of the patient's will according to the valid and effective legal regulation in the Czech Republic, with respect to gradual enforcement of the principle of patient and healthcare provider equality, this issue being related to a relatively specific area of childbirth. There is general legal regulation, relating to the position of the patient, healthcare provider and their mutual relationship outlined in this thesis. This legislation is then subsequently used for the provision of healthcare in relation to childbirths. The case law of both domestic courts and the European Court of Human Rights is then applied to specific problems in this area. One of the described problems is the legal nature of the delivery plan as one of the basic means of expressing the autonomy of the patient's will. In particular, the legal nature of the birth plan is handled as institute which is not regulated by law. Possible legal consequences of the delivery plan as...
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Civil disputes between doctor and patient in medical healthcare
Valuš, Antonín ; Macková, Alena (advisor) ; Uhlíř, David (referee) ; Salač, Josef (referee)
Civil disputes between doctor and patient in medical healthcare The issue of civil disputes between doctor and patient in medical healthcare is characterized by a high degree of interdependence of substantive and procedural questions. The main issue here is inequality between doctor and patient in their relationship, which is based more on factual inequality than inequality in rights. The patient as consumer and therefore the weaker party has limited access to relevant information concerning the subject of the relationship between doctor and patient. On the other hand, a doctor is a subject which has in its power almost all the relevant information. As can be seen, for a given relationship is characteristic a high degree of inequality of information. This inequality, which arises in the relationship always, is not sufficiently addressed by the substantive regulation and its effects are present in subsequent court proceedings in the form of an information deficit. Intention of this paper is to present the fundamentals of the relationship between physician and patient, the reasons for the information deficit and its consequences in legal proceedings and ways of its compensation. The aim is to assess whether the current regulation is to ensure equality between doctor and patient with emphasis on the...
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