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Informed Consent - Comparation of Legal and Ethical View.
Doležal, Adam ; Payne, Jan (advisor) ; Kuře, Josef (referee) ; Drozenová, Wendy (referee)
Informed consent can be considered, without any doubt, as a central issue in current bioethics and in medical law. The modern relationship between physician and patient has completely changed. Informed consent has dominated the theoretical discussions since the 1970s. Its importance is essential for both medical research and clinical practice. This work focuses mainly on clinical practice, on the relationship between a doctor (or more generally a healthcare professional) and a patient. The institute of informed consent has evolved similarly in medical ethics as well as in the medical law, but there are some significant differences. One of the basic issues of this work is to distinguish both positions and point out differences between legal and ethical aspects of this institute. The thesis sees the fundamental differences in the different purposes of both two key normative systems, in their function, in the values they represented and in the principles they emphasized. While trust and mutuality are essential to informed consent in ethics, the legal institute reflects more the protection of the subjects, especially the protection against abuse, thus providing legal certainty especially for the patient. The ethical level is primarily to ensure respect for the other person so that he or she is...
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Aspects of the Personality Protection of Medical Doctor and a Patient
Sivák, Jakub ; Salač, Josef (advisor) ; Šustek, Petr (referee) ; Sovová, Olga (referee)
Aspects of the Personality Protection of Medical Doctor and a Patient Abstract I have been dealing with the subject of personality protection since my master studies. I have been involved in protection of personality in student scientific conferences, in student scientific work, in my thesis, in my doctor thesis and in other publications as well. The topic "Aspects of Personality Protection of a Medical Doctor and a Patient" follows my previous professional publications on personality protection. The presented dissertation is compositionally sorted from general parts to specific parts. From the introduction, which defines the assignment and the tasks of presented dissertation, follows the historical outline and definition of terms. After that there is a section describing the rights and duties of a medical doctor and a patient within providing health services and a description of the specifics of a legal relationship that arises between a doctor and a patient (health care contract according to the Czech Civil Code). The next chapters deal with protection of personality from the perspective of medical law. They are followed by the topic of personal data protection in medical law, which, in my opinion, deals with the protection of personal data not only for the patients but also for the medical doctors. The...
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Doctor protection vs. pacient protection
Svobodová, Dominika ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Doctor protection vs. patient protection. This diploma thesis deals with the medical law, namely the protection of physicians and the protection of patients, and their mutual comparison as entities standing more or less against each other. The main objective of the thesis was to analyse the protection of both sides; the practical example provides describes a controversial situation which may happen in reality, also gives better understanding of the issue for readers. The aim was to capture the complex and also very extensive legal regulation of the topic, focusing on the touchpoints between the medical and civic laws. In view of the wide range of the topic in question, I consider specifically some sections of the thesis as the most important. At the beginning, the thesis provides a specification of the elementary legislation regulating the medical law. This is not a comprehensive list of resources, due to the enormous extent of the legislation regulating the medical law. Individual chapters describe the topics of informed consent and the protection of personal data, the provision of healthcare without the patient's consent and the special arrangement concerning the consent of underage patients, the relationship between the physician and the patient, the confidentiality duty, previously expressed...
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Patient rights and obligations in the provision of medical services.
FIALOVÁ, Jindřiška
In recent years in academic circles, but also in public they are increasingly talking about patient rights and obligations relating to health care. Although awareness of patients increases, the current situation is unsatisfactory and requires qualitative change for the better. I believe that everyone should have in this area, at least the basics, because if the patient finds himself in a doctor's office, it is important to know their rights, but also obligations mainly due to an equal relationship of patient and physician. Right and duty are paired term. Law of one operator, the obligation of another person before the law. In the relationship between doctor and patient outweigh the rights of the patient. They are guaranteed by international conventions, constitutional laws and laws "ordinary" which, in my thesis I mention. Their fulfilment can then be implemented through the respective responsibilities of healthcare professionals and healthcare facilities. The long-awaited law no.372/2011 Sb., On health services, which replaced the outdated and repeatedly amended law no.20/1966 Sb., On care and people's health was the subject of great expectations from professional and lay public. These changes should lead to greater patient satisfaction and improve the quality of care provided. Any change may also bring a series of problems, especially when patients have had sufficient knowledge of the new legislation. Knowledge of legislation in this area is essential to ensure that the patient can exercise their rights and defend themselves in the event of a violation. The thesis is divided into two parts: theoretical and practical. The theoretical part will briefly deal with the historical development of the rights and duties of patients, explaining the core concepts that relate to patient care and medical law. Furthermore, in this work I mention important legislation in the health sector, worth mentioning Convention on Human Rights and Biomedicine, and the above-mentioned law č.372 / 2011 on health services and conditions of their provision. For the practical part of the chosen method of quantitative research - questionnaire technique. The research sample consisted of 136 respondents from Trebic district. The aim of the thesis is to summarize legislation and to identify the knowledge of rights and duties of patients among the general public. To achieve the research goal I set two hypotheses. First hypothesis: Patients with higher education know more rights and obligations of patients than those with less education. The second hypothesis: Women know more rights and obligations than men. Based on the data and statistically evaluated both hypotheses were confirmed. The results of this research show that patients with higher education know more rights and obligations of patients than those with less education, and also significant superiority in knowledge of women over men's knowledge.
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Patients´ rights and duties from the point of new legislation view.
KRÁLOVÁ, Lucie
The health care in the Czech Republic has recently undergone significant changes that have led to higher quality of care and greater patient satisfaction. But the truth is that despite the widespread availability and relatively high level of health care there still are some shortcomings, especially from the point of the use and implementation of the patients´ rights and duties. If a person finds himself in the role of the patient, it is obvious that he feels vulnerable and is worried about one of the most important values of his life, which health undoubtedly represents. Thus, if a patient puts his health into the doctor's hands, he should be sure that with him will be act on the basis of a relationship and not a paternalistic. Knowledge of rights and duties of patients is therefore particularly important in terms of strengthening the equivalent relationship between doctor and patient. As a result of consistent compliance with the various rights and duties are reduced risks that threaten during hospitalization and increased patient satisfaction with the care provided. At present, legislative regulation of patients´ rights and duties in the Czech Republic is based on the Constitution of the Czech Republic and the Charter of Fundamental Rights and Basic Freedoms, however one of the most important legal documents relating to the issue is the Convention on Human Rights and Biomedicine, which aims to safeguard human dignity and human rights and freedoms of the individual with regard to the application of biology and medicine. An important milestone in this issue also became Act no. 372/2011 Coll., on the provision of health services, which entered into force on 1st April 2012 and replaced the Act no. 20/1966 Coll., on Health Care. This diploma thesis, as the name implies, deals with patients´rights and duties, while the analysis of the issue focuses on new legislation. The thesis is divided into a theoretical and a practical part. In the introduction to the theoretical part, some basic concepts related to the topic are firstly defined. Following chapters deal with the legislative anchoring of medical law as a whole and selected principles of medical law. The last two chapters, in direct relation to medical legislation, deal with patients´actual rights and duties. The practical part is focused on the research knowledge of rights and duties of both the patients themselves as well as healthcare workers. It is based on qualitative research methods conducted through the semi-structured interview. The research simple group consisted of six respondents from the general public, and six surveyed healthcare workers. The task of this section is to bring current knowledge concerning the overall awareness of patients´ rights and duties. The aim is to analyze the current legislation of the issue and map knowledge of patients´ rights and duties in both the lay and also professional public. The research shows that public awareness of patients´ rights and duties, despite their new anchor in Act no. 372/2011 Sb., about health services, has not increased far enough. Although at first glance the general knowledge of the issue, the public, on their own initiative does not seek to increase their knowledge of their rights and duties in relation to the providers of medical services. In contrast, awareness of health professionals regarding patients´ rights and duties is at the good level, but this can be attributed mainly to the fact of their daily movements in the field of the issue. This diploma thesis presents actual information about patients´ rights and duties from the point of current legislation view. At the same time it maps the knowledge of patients´rights and duties and healthcare professionals and points to the broader psychosocial context in the issue. The results can therefore be used both to improve public awareness of their rights and duties, as well as the education of all staff in the assisting professions.
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