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Legal and ethical aspects of human organ and tissue transplantation
Kubíková, Natálie ; Salač, Josef (advisor) ; Šolc, Martin (referee)
1 Abstract Legal and ethical aspects of human organ and tissue transplantation The topic of this thesis is Legal and ethical aspects of human organ and tissue transplantation. It provides an overview of current legislation related to the issue of transplantation of human organs and tissues. Subsequently, it analyzes the most basic ethical dilemmas, which are faced by the professional and lay public in connection with the legal regulation of the transplantation process, then supplements them with the author's view of the matter, including recommendations de lege ferrenda. The thesis is divided into six chapters, including the introduction and conclusion; the chapters are further divided into individual subsections. The information used to write this thesis was obtained from academic literature in the form of monographs, commentaries, academic articles, jurisprudence and legal regulations, including their explanatory reports. Furthermore, the text is based on internet sources and the podcast of the Institute of Clinical and Experimental Medicine. The aim of this work is to analyze the legal situation, outline the basic ethical questions, including the arguments that are connected with them, and then bring them into confrontation with contemporary legislation through considerations de lege ferrenda....
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The procedure of health care provider non lege artis with respect to social security
Mikudová, Tereza ; Morávek, Jakub (advisor) ; Lang, Roman (referee)
This diploma thesis deals with the procedure non lege artis and its consequences. The aim of the thesis is to analyze the possible impacts of the procedure non lege artis in particular in the field of social security law. For better orientation, the thesis is divided into two parts, with each part being further divided by two chapters, i.e. the thesis contains a total of four chapters. The first part of the thesis deals with the concept of lege artis And the consequences of the procedure non lege artis in the field of social security law, the second part deals with related issues, in particular it focuses on the legal aspects of the relationship between the patient and the provider of health services and the possible consequences of such a procedure in other legal levels. As a general introduction to the issue and to understand other contexts, the first chapter defines the term lege artis for it is the basic concept from which the further content of the work is derived. In this context, the author also reflects on the relationship lege artis and the Article 31 of the Charter of fundamental rights and freedoms of the Czech Republic. In the second chapter, the author points out the possible consequences of violating the procedure lege artis in the field of social security law, the consequences of...
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The Human Organ Transplantation Act - moral and ethical problems of its application
Novotná, Kateřina ; Císařová, Dagmar (advisor) ; Sovová, Olga (referee)
The Human Organ Transplantation Act - moral and ethical problems of its application This thesis deals with issues related to the applications of the Human Organ Transplantation Act. It is focused on the assessment of existing legislation regarding transplantation, the identification of problematical areas of transplantation law and the possibility of their correction. The thesis is divided into several parts. At the beginning it deals with the history and development of transplant medicine. It also contains a description of the current legislation and a brief summary of an international regulation. The main focus of the thesis is to analyze the deficiencies in Czech legislation and to emphasize the interdisciplinary nature of the transplant law. Finally, it analyzes the forthcoming amendment to The Human Organ Transplantation Act prepared by the Ministry of Health. The Human Organ Transplantation Act is a modern legislation respecting international commitments of the Czech Republic. Nature of the transplant legislation is given by its fundamental aspects the principle of presumed consent in connection with legally provided guarantee to respect disagreement expressed in accordance with law, the preference of a deceased donor prior to a living one, the principle of fairness in the allocation of...
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Wrongful birth court rulings in European comparison
Vajda, Lukáš ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.
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The rights of patients
Kašparová, Anna ; Sovová, Olga (advisor) ; Císařová, Dagmar (referee)
Rights of the Patients (resume) The thesis Rights of the Patients does not provide a comprehensive survey of all rights the patients have under applicable legislation, thus, for reasons of complexity of the theme, the author focused only on the most important of them. Separate chapters are dedicated to individual rights, in order basically corresponding to importance the author attaches to particular ones. Each chapter comprises general lecture on the respective right, its regulation in international legal documents binding on the Czech Republic and in domestic legal documents. In footnotes, the author provides, for the purposes of comparison, regulation of particular institutes in foreign legislation. In the opening, the author defines the terms "health law" and "medical law" and provides overview of the most important international and domestic health-law regulations, supplemented with enumeration of their principles related to the area of providing medical care. With regard to currently discussed legislative proposals, which mean the long-awaited amendment to domestic medical law and, if approved, will bring many significant changes compared to the present state, the author included a separate section dedicated to these legislative proposals at the end of the first chapter. The second chapter discusses...
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Liability in Public Health Insurance System in the Czech Republic
Kops, Richard ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
MMGGRR.. RRIICCHHAARRDD KKOOPPSS OODDPPOOVVĚĚDDNNOOSSTT ZZAA ŠŠKKOODDUU VV SSYYSSTTÉÉMMUU VVEEŘŘEEJJNNÉÉHHOO ZZDDRRAAVVOOTTNNÍÍHHOO PPOOJJIIŠŠTTĚĚNNÍÍ VV ČČEESSKKÉÉ RREEPPUUBBLLIICCEE RRIIGGOORRÓÓZZNNÍÍ PPRRÁÁCCEE AAbbssttrraacctt iinn EEnngglliisshh The thesis is based on an explanation of the main legal principles of payment of medical services via public funds - public health insurance, and demonstrates various possibilities of application of liability. Responsibility springing from the Civil Code is compared with a special institute of compensation (reimbursement) of the costs paid for health services due to the unlawful action against the insured, in order to stress the subsidiarity of the Civil Code and to outline the practical difficulties of interpretation. Liability and the compensation mentioned above are being analyzed in general at first and more deeply afterwards, always tied to some of the benefits in kinds - allowances of the public health insurance system. Although the author collides and struggles with the imperfections of existing legislation or its interpretation, he tries to make comprehensive, clear and practical tool for reader to make its own opinion if faced with these issues in practice.
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Protection of personal data in the course of rendering health care
Repovská, Ľudmila ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Protection of personal data in the course of rendering health care SUMMARY Medical treatment is based on trust. Patients coming to the medical facility often share details about their personal lives that could potentially embarrass or dishonour them and eventually discourage them from getting medical treatment at all. That is why patients seeking medical help need to know that those to whom they confide in are willing to keep the information private and discreet. This thesis will address the protection of personal data in the healthcare area and its main purpose is to provide complex analysis of the relevant legal framework, especially in the light of the recently passed legislation. Protection of personal data in the healthcare are is governed by two pieces of legislation - The Data Protection Act and The Healthcare Act. These statutes present main instruments by which the protection of patients' information is provided. The first part of the thesis examines the general principles of the data protection as they are outlined by the Data Protection Act. It also looks at the key terms of data protection, such as personal data, sensitive data, data subjects and processing and examines the role of the Data Protection Office. Second part the thesis deals with the duty of confidentiality and its personal,...
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Protection of personal data in the course of rendering health care
Zeman, Marek ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Health care services is an area, in which is, with regard to specific nature of processed information, needed to pay special attention to personal data protection of patients. Act that used to regulate this kind of relations for more than 40 years was the Act on Care and Health of Nation. Taking into consideration its historic time of origin and paternalistic theory, on which it was based upon, and despite passage of Convention on Human Rights and Biomedicine meaning significant deviation from up to now paternalistic theory, this Act was not able stand under the Czech republic international obligations, principles of democratic legal state and last but not least rapid technological progress,. Therefore it was replaced by Medical Services Act, which is in full compliance with approach that sees relation between physician and patient as equal. One of cornerstones in area of personal data protection in health care services is concept of rule of secrecy, to which is obliged mainly provider of health care, but also other persons stated in the Act. Violation of rule of secrecy is punished. Threat of penal sancion for violation of rule of secrecy highlights the importance of protection of presonal data in health care area. Although under circumstances specified by the law is possible to unveil rule of...
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Civil liability for interventions related to human reproduction - the concepts of wrongful life and wrongful birth
Hronová, Kristýna ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil liability for interventions related to human reproduction - the concepts of wrongful life and wrongful birth Abstract In this thesis, the author tries to give a comprehensive view of the issue of civil liability of health care facilities, or doctors, which arises as a result of non lege artis procedure in performing procedures and providing services that negatively affect human reproduction. In such cases, the persons concerned have the opportunity to defend themselves by means of actions for which the name wrongful birth and wrongful life has been adopted almost all over the world. In the first part of this thesis, the author discusses the most commonly used methods that help to affect human reproduction, and also gives examples of incorrect procedures in their provision. These may very often result in the filing of the above-mentioned lawsuits. At the same time, the author gives a basic description of wrongful birth and wrongful life lawsuits and a list of the main reasons, pros and cons of their approval and further recognition. The second part is devoted to the legislation in the Czech Republic. The author deals with the regulation of human rights, which are often affected only in the provision of health services, as well as the regulation of liability in general. Another part then focuses mainly...
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The topics of ethicin professional nurse behaviour in the care of psychiatric patients
Tošnarová, Hana ; Haškovcová, Helena (advisor) ; Tóthová, Valerie (referee) ; Soukupová, Tereza (referee)
5 Hana Tošnarová The topics of ethicin professional nurse behaviour in the care of psychiatric patients Abstract Presented dissertation theses are dedicated to the ethic aspects of the professional behaviour of nurses in their care of the mental patients. In the theroretical part are described thesis connected with the profession of psychiatric nurses, with the psychiatry as a medial branch, legislation in the psychiatry and with the questions of ethics in the connection of nursing. The practical part, that describes the qualitative research, is divided into two subsections and observing. The phenomenal study went through in the Mental home of Bohnice (Prague) and the output was the determination of defined notion "professional behaviour of a nurse in the care of mental patients in the scope of ethics". The second part of the observation was targeted on the access of the nurses to the mental patients in the special handpicked working places of the somatic medicine in Prague. The output of this research is a description of the behaviour style of nurses in the somatic working places in an interaction with mental patients. Keywords: ethics in nursery, ethics in psychiatry, ethics in medicíně, professional behaviour of a nurse, nursing, medical law
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