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Obligations of patients and possible sanctions for their violation
Moldanová, Miriam ; Dvořáková, Vladimíra (advisor) ; Jirkovský, Daniel (referee)
The bachelor's thesis is focused on the area of patient obligations and possible sanctions for their violation. The theoretical part defines the specific rights of patients, which directly result from defined obligations, in case of non-fulfilment of which the medical facility can apply specified sanctions on behalf of authorized persons. The theoretical definition of the issue is followed by a research investigation. The empirical part is devoted to quantitative research, which was carried out on the basis of an own research investigation. The research examines the knowledge of Motol FN nurses in the area of patient obligations and the application of possible sanctions for their violation. The results of the survey are then compared with the results of another survey. The method of the research investigation is a self-constructed questionnaire. For subsequent data processing, 102 questionnaires are selected from the total number of 125 questionnaires received, which contain completely answered questions and a matching control question. The results of correct answers vary significantly from question to question. 96 % of the nurses answered correctly to the question whether it is possible to collect an unpaid amount from the patient for a medical procedure provided that is not covered by public...
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Criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector
Jedličková, Kristýna ; Bohuslav, Lukáš (advisor) ; Drápal, Jakub (referee)
The present thesis deals with the criminal liability in the handling of narcotic drugs and psychotropic substances in the health care sector, which is accompanied by a number of nooks and crannies that I try to reveal in the thesis. The thesis explores the duties and responsibilities of health service providers, whose role is crucial to ensuring quality care and patient safety. The first part of the thesis focuses on defining basic terms in the field of health service delivery. Then the thesis analyses the obligations that health service providers, especially doctors, have to comply with. The key term is the duty of lege artis, and the thesis discusses in detail the various aspects of this duty, its violation in the form of non lege artis procedure, and then provides examples from practice. The second part of the thesis is devoted to medicinal products, whereby their development up to registration is first presented, followed by their prescription. An important topic is also off-label medication, which "gained popularity" especially in the period of the COVID-19 pandemic. The third part of the thesis deals with criminal liability and its basic aspects, together with circumstances precluding illegality, which are focused on the area of provision of health services. This part then discusses in detail...
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Informed consent of the patient
Luksch, Alexandra ; Salač, Josef (advisor) ; Zvára, Michael (referee)
, IRUPHG FR VH RI KH S LH Abstract 7KLV WKHVLV GHDOV ZLWK L IRUPHG FR VH W IURP D OHJDO D G SUDFWLFDO SHUVSHFWLYH , IRUPHG FR VH W LV D OHJDO JURX G WKDW legitimizes the interference with the patient's personal rights ZKLFK FRPSOHWHV WKH SURFHVV RI FRPPX LFDWLR EHWZHH WKH KHDOWK FDUH SURYLGHU D G WKH SDWLH W 7KLV SDUW HUVKLS PRGHO EHJD WR GHYHORS L WKH V 3UHYLRXVO D SDWHU DOLVWLF PRGHO ZDV SUHIHUUHG 7KH OHJLVODWLR R L IRUPHG FR VH W LV SULPDULO FR WDL HG L WKH &R YH WLR R XPD 5LJKWV D G %LRPHGLFL H D G FW 1R R 6SHFLILF HDOWK 6HUYLFHV R zdravotních službách a podmínkách jejich poskytování). 7KH DLP RI WKLV WKHVLV ZDV WR D DO VH WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W D G WR H[DPL H LWV DSSOLFDWLR L SUDFWLFH W WKH EHJL L J WKH WKHVLV GHDOV ZLWK WKH GHYHORSPH W RI WKH GRFWRU SDWLH W UHODWLR VKLS ZLWK D HPSKDVLV R L IRUPHG FR VH W D G WKH OHJDO SURYLVLR V WKDW UHJXODWH WKLV LVVXH 1H[W WKH WKHVLV H[DPL HV L IRUPHG FR VH W L PRUH GHWDLO GLVFXVVL J LWV OHJDO DWXUH L FOXGL J WKH VSHFLILF UHTXLUHPH WV IRU WKH HOHPH WV RI FR VH W /DVW EXW RW OHDVW WKH WKHVLV GLVFXVVHV WKH OHJDO UHJXODWLR RI L IRUPHG FR VH W L WKH 6FD GL DYLD FRX WULHV D G FR FOXGHV ZLWK D SUDFWLFDO SDUW ZKLFK D DO VHV WKH FXUUH W VWDWH RI SUDFWLFH D G SRL WV RXW WKH VKRUWFRPL JV RI WKH OHJDO UHJXODWLR D G ZKHUH SRVVLEOH GH OHJH IHUH GD FKD JHV DUH...
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Readiness of healt care providers to mass disasters
Opltová, Kateřina ; Prošková, Eva (advisor) ; Hošťálková, Monika (referee)
Reception of a large number of the injured to a medical facility as a result of a mass disaster or a catastrophe puts high demands on health care. Such situations can not be dealt with the mere improvisation; it is necessary to create unified organizational procedures defining the composition of medical teams and their activities during the multiple reception of the injured to a medical facility. The theoretical part of this thesis provides a comprehensive overview of the current state of emergency preparedness in healthcare facilities. In the empirical part, I analyzed the readiness of health facilities for a mass disaster in the capital city of Prague. A structured interview with open questions was chosen as a method of data collection. Based on the survey, I concluded that the readiness of health facilities in the capital city of Prague differs. I recommend setting up a phone line while receiving patients as a result of a mass disaster in order to improve the situation in Prague. The sole purpose of such a line would be reporting emergencies. I also recommend health care facilities participate actively in exercises within the integrated rescue system and clearly identify and determine facilities where the reception of the injured takes place if a mass disaster occurs. Keywords: mass disaster,...
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Issues of labour relations in health care
Vitáčková, Nikola ; Tomšej, Jakub (advisor) ; Matějka Řehořová, Lucie (referee)
Title: Issues of labour relations in the healthcare sector The thesis deals with selected labour law problems that arise in the performance of work in the healthcare sector. The introduction defines the basic terms that are necessary for understanding this thesis as a whole, especially terms from the labour law as well as terms from the medical law. Other parts of the thesis are focused on specific areas of labour law, which have certain specificities in the healthcare sector. In particular, the specific working time in the healthcare sector, such as overtime work or on-call work. Furthermore, the issue of compulsory breaks at work, which are often not counted by health service providers towards the work performance of specific health professionals, even though they are not allowed to take a full break because their work must not be interrupted. An equally important issue in the field of employment relations in the healthcare sector is the possibility of taking additional leave, which is granted to employees who perform work that is particularly difficult and the performance of which can have a negative impact both on the physical aspect and also on the mental state. Since one of the basic principles of the performance of dependent work in employment relationships is the payment of remuneration for...
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Criminal liability of health-care providers
Miřejovská, Martina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Criminal liability of health-care providers Abstract This diploma thesis focuses on the criminal liability of the health-care providers. Its main objective is to provide a comprehensive overview of the fundamental issues, such as who can be a provider, what is the definition of healthcare services and what are the possible conditions of criminal liability. Another aim is to provide an overview of selected offenses that can be committed in connection with providing healthcare services and summary of the relevant legislation in the United Kingdom of Great Britain and Northern Ireland and in the Federal Republic of Germany. In this thesis, I mostly use the methods of description, analysis and comparison. The thesis is divided into six chapters, which follow a logical order. The first chapter explains the key concepts. Specifically, it is the definition of healthcare services, facilities and providers, lege artis procedure, informed consent and criminal liability. The second chapter focus on the criminal liability of natural persons, on the definition of a criminal offence and also the relevant circumstances excluding liability from the provision of healthcare point of view. The third chapter deals with the criminal liability of legal persons and their possible exculpation. The fourth chapter analyses selected...
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Daňové, účetní a právní dopady přijetí zákona o veřejné neziskové zdravotnické organizaci na sektor nestátních nemocnic ve formě příspěvkových organizací
Kutějová, Petra
Kutějová, P. Tax, accounting and legal impacts of adopting the law on public non-profit healthcare organizations in the non-state hospital sector in the form of con-tributory organizations. Diploma thesis. Brno: Mendel University in Brno, 2017. This Diploma thesis deals with analysis of the draft law on non-profit public health organization to hospitals established by the county whose current legal form is a contributory organization. The thesis consists of two parts: theoretical and analytical. In the first part are sumarized the theoretical knowledge related to the analytical part. The analytical part analyzes the draft law on non-profit public health organization and detection of practical impacts on non-state non-profit healthcare organizations. In this thesis is mainly working with the information of the Hospital TGM Hodonín, contributory organization.
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Criminal Liability of Legal Entities in Healthcare
Janatová, Pavla ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...
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The burden of proof on the unlawful conduct of the health service provider
Slezáková, Alžběta ; Holčapek, Tomáš (advisor) ; Salač, Josef (referee)
The burden of proof on the unlawful conduct of the health service provider Abstract This thesis describes a burden of proof and the distribution of the burden of proof on the unlawful conduct of the health service provider between the parties to the dispute. Particular emphasis is put on cases in which patient as party burdened by the burden of proof is unable to prove unlawful conduct of the health service provider or other elements of the obligation to pay damages because the health service provider violated his obligation to properly maintain medical records. This thesis is composed of eight chapters. Chapter One is introductory and describes the civil liability which can arise out of the provision of health services. It presents cases of strict liability and also liability for fault. Chapter Two deals with the unlawful conduct of the health care service provider. Besides the general introduction, attention is paid to medical malpractice and other typical cases of unlawful conduct related to the provision of health services. Chapter Three examines other elements of the obligation to pay damages in cases of medical malpractice. Chapter Four deals with the procedural obligations of the parties to the dispute, especially with the duty of assertion and evidence and the burden of assertion. Chapter Five is...
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Compulsory Contractual Insurance
Tobiáš, Jan ; Vybíral, Roman (advisor) ; Karfíková, Marie (referee)
Compulsory Contractual Insurance Abstract The subject of this diploma thesis is legal regulation of compulsory contractual insurance in the Czech legislation with a focus on its general regulation in civil law. The special regulation of compulsory liability insurance for lawyers, health service providers and the insurance of a guarantee in case of bankruptcy of the travel agency is also called for. The methods of description, analysis and, to a lesser extent, comparisons are used to fulfil the objectives of this work. The first chapter deals with the concept of compulsory contractual insurance. It includes a historical excursion. The largest part of the chapter describes the types of compulsory insurance and their distinction from voluntary and statutory insurance. The conclusion of this section is a preview of the legislation on compulsory contractual insurance in selected countries. The second chapter focuses on the description and analysis of the current legislation on compulsory insurance. At the beginning of the chapter, a description of the general regulation of the insurance contract, its subjects and form are made. The largest part of the chapter is devoted to the analysis of provisions that represent the general basis for compulsory contractual insurance. Introduced are partial changes made by the...
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