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Mašková, Daniela ; Šustek, Petr (advisor) ; Holčapek, Tomáš (referee)
The aim of this thesis is to present the basic aspects related to the refusal of health services by the patient. The thesis deals with the patient's refusal of health services in the context of currently proposed treatments in the present, but also with the refusal of health services in the future in the form of so-called previously expressed wishes. The thesis points out some of the pitfalls that may arise in the case of refusal of health services by the patient and also proposes ways of proceeding in such situations in order to protect the rights of the patient as much as possible, but at the same time not to expose the health service provider to civil or perhaps even criminal liability. Chapter 1 introduces the concept of informed consent and the conditions for giving informed consent. I also focus on the patient's capacity to give informed consent. The assessment and analysis of these criteria is similarly applicable to the valid and effective expression of informed consent. For this reason, informed consent and non-consent are very closely related issues. The second chapter is devoted to informed consent, defining the form of informed consent and presenting cases where the patient cannot validly give informed consent. In the third chapter, I discuss previously expressed wishes, both their...
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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Informed consent - comparison of Czech and English law
Pham, Bich Ngoc ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Informed consent is a basic institution of health services. This work aims at comparison of the basic components of informed consent in the Czech and English law. The beginning is dedicated to the development and the current relationship between patient and doctor. The traditional paternalistic approach that was prevailing until recently in the health care will be examined more in detail. Furthermore, the work deals with the concept of informed consent as such. The components of the informed consent will be specified as well as the form of the informed consent. Disclosure of the risks and other information must precede for the informed consent to be valid and the consent also have to meet the requirements of legal actions. Text will also focus on informed consent of the minors. Finally, an advance decision will be examined including its conditions of validity. Powered by TCPDF (www.tcpdf.org)
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Criminal liability of a doctor for withdrawal and withholding of a medical treatment
Peterková, Helena ; Císařová, Dagmar (advisor) ; Sváček, Jan (referee) ; Salač, Josef (referee)
The making of an end of life decision represents worldwide one of the most difficult issues that physicians can be confronted with - not only should it be regarded as consisting of medical and legal aspects, but ethics and moral values are present as well. Furthermore, it shall not be supposed that the economic parameter is negligible, unfortunately even to the contrary. The fact that the decision is often made by physicians under pressure caused by a system of limited resources (and therefore it can not avoid being distorted ) must be kept in mind. At any rate , according to Czech law under which neither assisted suicide nor life termination on the request is allowed, the legality and legitimacy of withdrawal and withholding of medical treatment is based on the argument of informed consent of the patient, advanced directives and the standard of lege artis treatment. These also shall be pleaded as defences in eventual criminal proceedings.
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