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The issue of confidentality and notification obligation in the low-threshold center for children and youth and in the authority of social and legal protection of the children
Jelínková, Nikola ; Nová, Monika (advisor) ; Mlejnková, Kristýna (referee)
The diploma thesis called The issue of confidentality and notification obligation in the low-threshold center for children and youth and in the authority of social and legal protection of the children deals with the conflict of mandatory confidentiality and notification obligation and its resolution. Respectively by looking at the issue by individual social workers in various social institutions. These are social workers from low- threshold centers for children and youth and social workers from authorities for social and legal protection of children. The diploma thesis is divided into two parts, a theoretical part and an empirical part. The whole work contains ten chapters and subchapters. The aim of the diploma thesis is to find out whether social workers in low- threshold centers for children and youth and in authorities for social and legal protection for children resolve the conflict of mandatory confidentiality and notification obligation by a more ethical or legal point of view.
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The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions)
Pilcová, Kateřina ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The Duty of Confidentiality in Health Care (Section 99 of Czech Criminal Procedure Code and other provisions) The aim of the thesis is to introduce the issue of medical confidentiality in Czech Republic. Although most stress is put on the connection with criminal law, the work also explains what medical confidentiality is and outlines some disputable points in this field as well as it further on mentions international treaties, statutes and other sources where the duty of confidentiality is incorporated. The thesis then shows medical confidentiality in connection with the matter of medical records and afterwards focuses on the exceptions when duty of confidentiality can legally be broken and finally a chapter is given to describe the questions of lability for breaching the duty of cofidentiality in health care where criminal law consequences and disciplinary consequences are described. All the matters are discussed in the light of the Health Services Act (372/2011 Coll.) which came into force on April 1, 2012.
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Doctor - patient relationship
Šimečková, Irma ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
DOCTOR - PATIENT RELATIONSHIP RESUMÉ The topic of the doctor - patient relationship is so broad that this graduation thesis cannot cover nearly all of its aspects. The aim is to capture the most basic institutions of doctor - patient relationship in period just before the effectiveness of the reform of health services. Historical development of medical law in the Czech Republic is summarized in the very first chapter. The aim was mainly to express complicated role of post-communist countries in connection with their efforts to integrate into the modern system, which was then for the rest of Europe completely natural. The second chapter issues the basic elements controlling the relationship between doctor and patient, including the definition of the term lege artis, whose explanation is an essential part of every publication dealing with medical law. Chapter provides a comprehensive view of the institutes, which are largely discussed in subsequent chapters. The next three chapters deal with the issues of informed consent, duty of confidentiality of medical staff and management of medical documentation. Informed consent is the central institute of medical law and most important element of the relationship between doctor and patient. The topic of the consent of the patient with the health care is treated in...
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Protection of personal data in healthcare
Ryklová, Zuzana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with the rules of the protection of personal data in the process of rendering healthcare. This topic is highly relevant because the act no. 89/2012 Coll., The Civil Code, came recently into force and influenced the topic of this thesis, mainly in case of the settlement called "The Healthcare". The work is divided into four chapters. The first chapter contains the most important legal sources for the protection of personal data in the process of rendering healthcare. The chapter also describes the major decisions of the European Court of Human Rights and the most important decisions of courts in Czech Republic. The second chapter deals with the protection of personality, right to privacy and with the protection of personal data. The protection of personal data in healthcare is undoubtedly a part of above mentioned rights. The third chapter deals with the duty of confidentiality of healthcare workers, the possibility of breaking the confidentiality and the legal liability for breach of a duty of confidentiality. The fourth chapter describes the regulation of medical records. The conclusion includes an evaluation of existing legal regulation and proposals de lege ferenda. The conclusion also contains topics which were not included in the thesis but due to their attractiveness are at...
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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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Conflict in confidentiality and reporting obligations in social work
ŠTĚPÁNOVÁ, Jana
The bachelor thesis deals with the issue between confidentiality and reporting obligations (mandatory reporting) in the area of social workers. One of the areas of social work where this conflict most often occurs is the social and legal protection of children. The obligation of confidentiality of a social worker is explicitly stated in Section 100 of Act No. 108/2006 Coll., the term of mandatory reporting is contained in the Penal Code Act No. 40/2009 Coll. However, this issue also has the other side of the coin, which is the definition of confidentiality and mandatory reporting in terms of ethics, which is constituted in the Code of Ethics of Social Workers of the Czech Republic. Thus, a social worker often finds himself in a number of situations where he faces a dilemma of decision-making within the framework of law or ethics. The theoretical part deals with the role of social worker, values and moral and ethical issues. There is also information from the point of view of confidentiality and mandatory reporting in the area of social work with various aspects of performing this activity in the area of social and legal protection of children. The aim of the bachelor thesis was to map the experience of social workers in the field of social and legal protection of children with conflict between confidentiality and reporting obligations. To answer the research questions, the qualitative research method based on semi-structured interviews with open questions was used. The interviews were conducted with a target group of social workers working in the area of social and legal protection of children. The main research question set in this work were: Do social workers in social and legal protection of children distinguish the ethical and legal aspects of a dilemma? Do social workers in social and legal protection of children favor the legal or ethical way of thinking in their decision-making? The results of my work can serve mainly for pedagogical purposes as illustrative cases of dilemmas in social work.
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Protection of personality in healthcare
Šrámková, Denisa ; Salač, Josef (advisor) ; Šustek, Petr (referee)
The subject of this thesis is "Protection of personality in health care" which is an important and especially current topic. After the recodifications of relevant legislation - particularly the recent Civil Code (which is built on the natural law concept) - is more focused on the protection of personality and it generally changed perception of harm to personal rights. It is newly called "compensation for personal harm to the natural rights of person" and claims for compensation for damages and recompense of non-pecuniary damages is tied to a single court proceedings. The thesis is divided into four parts. The first part introduces the basic concepts related to personal rights and to certain medical terminology including explanation of the term "lege artis". The second part presents the relevant legislation, both national and international. The third and largest section is devoted to the protection of patient's personality which is defined by the individual rights of patient in health care. It refers to the patient's right to be treated "lege artis" during receiving of health services, patients' right to be informed and provide related informed consent (on which the thesis is particularly focused), medical confidentiality of health workers and issues related to handling the patient's medical...
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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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Protection of personal data in healthcare
Ryklová, Zuzana ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The thesis deals with the rules of the protection of personal data in the process of rendering healthcare. This topic is highly relevant because the act no. 89/2012 Coll., The Civil Code, came recently into force and influenced the topic of this thesis, mainly in case of the settlement called "The Healthcare". The work is divided into four chapters. The first chapter contains the most important legal sources for the protection of personal data in the process of rendering healthcare. The chapter also describes the major decisions of the European Court of Human Rights and the most important decisions of courts in Czech Republic. The second chapter deals with the protection of personality, right to privacy and with the protection of personal data. The protection of personal data in healthcare is undoubtedly a part of above mentioned rights. The third chapter deals with the duty of confidentiality of healthcare workers, the possibility of breaking the confidentiality and the legal liability for breach of a duty of confidentiality. The fourth chapter describes the regulation of medical records. The conclusion includes an evaluation of existing legal regulation and proposals de lege ferenda. The conclusion also contains topics which were not included in the thesis but due to their attractiveness are at...
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Obligatiory confidentiality of medical workers - criminal aspects
Mišľan, Martin ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
The aim of this work was to bring the issue of mandatory confidentiality of health workers and the exceptions to this concept in the context of criminal law. In the first part of the thesis is generally defined by the Institute of mandatory confidentiality in health care, sources of legal regulation of this institute and its development in the Czech legal order. The work also deals with medical records and privacy of sensitive data in connection with the obligation of confidentiality of medical professionals. The next section is defined by breaking the confidentiality required the consent of the patient and also cases where the patient's consent to obtain information about his state of health is not required. The work also deals with criminal liability for breach of confidentiality and lists the offenses that can be committed in violation of this obligation. In the conclusion the work presents a brief comparison of the regulation of the Slovak Republic and in the Federal Republic of Germany.
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