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Healthcare Rationing in the Context of Covid-19 Pandemic
Kršiak, Miroslav ; Šustek, Petr (advisor) ; Salač, Josef (referee)
Healthcare Rationing in the Context of Covid-19 Pandemic Abstract This thesis analyses process and means of rationalization of healthcare distribution in Czechia and the impact of covid-19 epidemic on domestic healthcare system and scarce resource allocation. First part of this thesis offers definition of right to healthcare from the constitutional and international legal point of view with the emphasis on obligations stated in the Charter of Fundamental Rights and Freedoms and international charters of human rights, which are binding for Czechia. Second part of this thesis concerns the concept of healthcare rationing, its definition and justification. This part also includes the summary of basic formative criteria of healthcare rationing, which are the imperative of equality and non-discrimination, and furthermore the principles of distributive justice and economic efficiency. This part also deals with the concept of rationing in healthcare in the context of the covid-19 epidemic and the modification of ethical and legal principles of its application during the state of medical emergency. Third part of this thesis offers an overview of the regulation of provision of health services in Czechia, both under normal circumstances and in a state of medical emergency. This overview also includes the so-called...
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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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Civil-law liability arises upon the provision of health services
Zykánová, Lenka ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...
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Civil-law liability arises upon the provision of health services
Zykánová, Lenka ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Civil-law liability arises upon the provision of health services Abstract This diploma thesis aims to analyze in detail the civil-law liability arising out of the provision of health services; special focus is drawn to non-pecuniary damage to health and life of the patient and non-pecuniary damage of the close persons during the provision of health services by the breach of duties of the doctor, including ways and extent of compensation sustained harm. The thesis explains the current legal framework within which civil-law liability for the provision of health sevices is assessed, with individual references to the previous legal acts (i.e. the 1964 Civil Code and the Decree on compensation of non-pecuniary damage). The changes and weaknesses of the current legal framework are pointed out. The thesis comprises of an introduction, five main chapters and a conclusion. First and second chapters delimitate the issue at hand, introduce elementary terms important for the field [of civil-law liability for the provision of health services], and sources of law and shed light onto the relationship between the two key legal acts governing the provision of health services, that being the Civil Code and the Act on Provision of Helath Services. The substance of human life and health as two individual personal rights is...
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Interference with integrity of an individual
Podolská, Marie ; Dvořák, Jan (advisor) ; Elischer, David (referee)
Physical and mental integrity of an individual represents one of the components of a human personality, which may be regarded as a personal sphere of everyone and which is protected by the law against any unauthorized interference. Legislation regarding the interference with the integrity of an individual is based on the principle of inviolability of a human being, according to which no one is entitled to interfere with the integrity of another individual without his consent, except as provided by law. The consent of the individual concerned is therefore the most fundamental circumstance excluding illegality of the interference. The aim of this diploma thesis is to analyse current legislation regarding the interference with the integrity of an individual, especially relevant provisions of the new civil code, and to point out its potential deficiencies or problematic aspects. It focuses on particular circumstances under which it is possible to interfere with the integrity of an individual, or which represent the reasons for such interference and therefore exclude its illegality. Even though the thesis aims to elaborate the topic from the point of view of civil law, with regard to the fact that most of the serious interferences with the integrity of an individual occur when health services are...
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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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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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