scholarly journals The legal protection of individual rights in the health care sphere: overcoming the ambiguity of the legal regulation of voluntary and informed consent to treatment

2019 ◽  
Vol 16 (4 (2)) ◽  
pp. 65-73
Author(s):  
Maria A. Kapustina
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Legal Protection ◽  
Legal Regulation ◽  
Individual Rights ◽  
Medical Law ◽  
Medical Activity ◽  
Patients Rights ◽  
Consent To Treatment ◽  
The Individual

The individual rights in the health care sphere are ensured, among other things, by overcoming uncertainty in legal regulation. The problem of ambiguity, filling gaps, contradictory to legal regulation is of relevance in the court hearings of specific cases in the health care sphere. The health care sphere is one of the most important spheres of the legal protection of individual’s rights, because it concerns all the population. In modern medical law, the standardized approach to the regulation of relations in the health care sphere has received widespread recognition. The notions “standard” and “order” are widely applied to the regulation of medical activity and patients’ rights. In the health care sphere the ambiguity of legal regulation is connected with requirements of getting from patient informed consent to treatment. The informed consent must be given by the patient voluntarily and before the medical treatment.

scholarly journals Medicolegal Perspective on Physician-Induced Demand Issue

BESTUUR ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 106
Author(s):  
Wulandari Berliani Putri ◽  
Vita Widyasari ◽  
Juliet Musabula ◽  
Muhammad Jihadul Hayat
Keyword(s):  
Clinical Practice ◽  
Informed Consent ◽  
Healthcare Providers ◽  
Legal Protection ◽  
Good Clinical Practice ◽  
Payment System ◽  
Medical Law ◽  
Induced Demand ◽  
Patients Rights ◽  
Health Regulations

<p>This study sheds light on the extent to which the medical law protects patients' rights from Physician-Induced Demand behavior. This study shows that the term of Physician-Induced Demand has not been recognized in health regulations. Meanwhile, some often fail to recall that medical law has protected patients’ right in the therapeutic transaction between doctor and patient through Act No. 29 of 2004; Minister of Health Regulations number 11 Year 2017; Act No. 44 of 2009, Civil Code and Act No. 36 of 2009. In order to reduce Physician-Induced Demand, establishing a guideline of good clinical practice, including the informed-consent guideline is urgently needed. Government should also control the quality and cost of healthcare providers as well as adequate payment system for physicians.</p><p><strong>Keywords:</strong> Physician-Induced Demand; Medical Law; Legal Protection of Patient.</p>

scholarly journals Migration and access to health care in English medical law: a rhetorical critique

2008 ◽  
Vol 4 (4) ◽  
pp. 315-335 ◽  
Author(s):  
John Harrington
Keyword(s):  
Health Care ◽  
Access To Health Care ◽  
Medical Law ◽  
The European Union ◽  
Persuasive Strategies ◽  
Access To Health ◽  
Starting Point ◽  
The One ◽  
The Individual ◽  
The Uk

This paper develops a rhetorical critique of recent cases on migration and access to health care in Britain. It argues that the national territory, once a taken-for-granted starting point for reasoning in medical law, has lost its common-sense status as a result of neoliberal globalisation. This is evident in recent decisions involving on the one hand HIV-positive asylum seekers coming to the UK and on the other hand British ‘health tourists’ seeking funding for treatment elsewhere in the European Union. Courts are aware that many of these cases are likely to call forth the sympathy of audiences for the individual concerned, further undermining their privileging of the national scale. In curbing this ‘politics of pity’ they adopt a range of persuasive strategies.

The loved ones: families, intimates and patient autonomy

Legal Studies ◽  
2003 ◽  
Vol 23 (2) ◽  
pp. 332-358 ◽  
Author(s):  
Katherine O'Donovan ◽  
Roy Gilbar
Keyword(s):  
Medical Ethics ◽  
Genetic Information ◽  
Patient Autonomy ◽  
Medical Law ◽  
Central Values ◽  
Patients Rights ◽  
Law And Ethics ◽  
The Family ◽  
Legal Position ◽  
The Individual

Patient autonomy is one of the central values in medical ethics. It is generally understood as recognition of patients' rights as free individuals answerable only to themselves. This emphasis on the individual leaves open the question of the position of the patients' ‘loved ones’, that is of families and significant others. The authors examine this question in three areas of law and medical ethics. Organ donation offers an example of preference given by medical ethics to family views, notwithstanding an expressed wish of the deceased to donate, and the legal position protecting such a request. Decisions concerning the treatment of incompetent patients illustrate consideration for the family in medical ethics, but hesitations in both law and ethics in accepting family views once expressed. And the tension between the interests of patients and family members over the access to genetic information usually results in respecting the patient's right to confidentiality. This individualistic perception of autonomy, as adopted by medical law, overlooks the patient's relationships with others and is too narrow to face the complexities of human lives.

Argumentation and informed consent in the doctor–patient relationship

2012 ◽  
Vol 1 (1) ◽  
pp. 5-18 ◽  
Author(s):  
Jerome Bickenbach
Keyword(s):  
Health Care ◽  
Informed Consent ◽  
Patient Autonomy ◽  
Argumentation Theory ◽  
Necessary Condition ◽  
Patient Relationship ◽  
Doctor Patient Relationship ◽  
Consent To Treatment

Argumentation theory has much to offer our understanding of the doctor-patient relationship as it plays out in the context of seeking and obtaining consent to treatment. In order to harness the power of argumentation theory in this regard, I argue, it is necessary to take into account insights from the legal and bioethical dimensions of informed consent, and in particular to account for features of the interaction that make it psychologically complex: that there is a fundamental asymmetry of authority, power and expertise between doctor and patient; that, given the potential for coercion, it is a challenge to preserve the interactive balance presumed by the requirement of informed consent; and finally that the necessary condition that patients be ‘competent to consent’ may undermine the requirement of respecting patient autonomy. I argue argumentation theory has the resources to deal with these challenges and expand our knowledge, and appreciation, of the informed consent interaction in health care.

scholarly journals Codification of medical legislation from the position of doctors’ legal culture improvement in Ukraine

Osvitolohiya ◽  
2018 ◽  
pp. 131-137
Author(s):  
Yaroslav Tsekhmister ◽  
Oleksandra Lysenko
Keyword(s):  
Health Care ◽  
Human Life ◽  
Legal Protection ◽  
Legal Culture ◽  
Legal Aspects ◽  
Medical Law ◽  
Survey Results ◽  
Medical Legislation ◽  
Health Legislation

The article, being offered, emphasizes the modern conditions of legislation in Ukraine on issues of health care. Presents the doctors survey results about level of their knowledge in the sphere of medical law. 610 respondents from 9 regions of Ukraine took part in the survey. The survey results indicate insufficient of doctors knowledge’s in the sphere of medical law at all stages of vocational training. Were identified difficulties in working with normative legal acts regulating medical practice, in particular due to their number and lack of systematization. Also, it was found that 100% of respondents would like to attend a medical law course, and examine the rights and responsibilities of health professionals, the legal protection of doctors, the legal aspects of the interaction between physicians and patients, health legislation, patients' rights and responsibilities. Was made the analysis of legal relations between entities in the sphere of health care as to issues, related to indemnification of harm, caused by handicap, other health injury or death of natural person in terms of Civil Code of Ukraine and practice of civil law proceeding. Article justifies the expediency of creating the Medical Code of Ukraine, that will systematize of national legislation in the sphere of health care through its codification and establishment of basic document – Medical Code of Ukraine – will assist to improvement in level of legal culture at doctors, improvement in their positive responsibility, consolidation of moral ethical values and high professional landmarks among medical men that will assist to improvement in quality of rendering the medical aid to population for reinforcement and preservation of the highest social value – human life and health.

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals Prawa pacjenta z perspektywy funkcjonalnej refleksji

2018 ◽  
Vol 3 (1) ◽  
pp. 169-191
Author(s):  
Błażej Kmieciak
Keyword(s):  
Health Care ◽  
Medical Staff ◽  
Psychiatric Patients ◽  
Medical Confidentiality ◽  
Patients Rights ◽  
Patient’S Rights ◽  
Consent To Treatment ◽  
Set Up ◽  
First Time ◽  
Present Text

In 1991 was passed in Poland the Healthcare Institutions Act. In the cited act was for the first time used the phrase of „patient’s rights”. Currently in our country there are several other laws that directly relate to that issue. In recent years, there has also been set up new offices in the field of patients’ rights (Patient Ombudsman, Ombudsman for Psychiatric Patients and specialist for patient’s rights working in hospitals). Discussions concerning rights of the patient most often relate to matters of a formal nature. Specialist literature refers basically to: the issue of consent to treatment, the issue of medical confidentiality, the aspect of the dignity of the patient and the system of protection of patient rights using the services of the health care system. Rarely however – in this context – debates undertake a problem of the importance of interaction between a patient and a doctor. There is also no reflection on the position that physicians and patients occupy in the course of treating. The present text aims to depict the patient’s rights from the perspective of functional reflection. In the first place, it will be presented the context of treatment within which the sick and the doctors as well as nurses play their roles. In particular, it will be shown the commercial face of medical services. Based on the concept of ombudsman will be taken also an attempt to present medical staff as „the first ombudsmen of the rights and interests of the patient.”

Medical ethics

2018 ◽  
Author(s):  
Daniel Wikler
Keyword(s):  
Health Care ◽  
Medical Ethics ◽  
Ethical Issues ◽  
Human Subjects ◽  
Truth Telling ◽  
For Profit ◽  
Moral Uncertainty ◽  
Consent To Treatment ◽  
Protection Of Human Subjects ◽  
The Individual

Medical ethics was once concerned with the professional obligations of physicians, spelled out in codes of conduct such as the ancient Hippocratic oath and elaborated by contemporary professional societies. Today this subject is a broad, loosely defined collection of issues of morality and justice in health, health care and related fields. The term ‘bioethics’ is often used interchangeably, though it is also used with its original broad meaning, which included issues in ecology. The range of concerns grouped under ‘medical ethics’ begins with the relationship of doctor to patient, including such issues as consent to treatment, truth-telling, paternalism, confidentiality and the duty to treat. Particular moral uncertainty is engendered by contexts which demand divided allegiances of physicians, such as medical experimentation on human subjects, public health emergencies and for-profit medicine. Issues in medical ethics arise in every stage of life, from the fate of defective newborns to the withholding of life-sustaining therapies from the very old. Medical practices with patients who may not be competent to make their own medical decisions, including paediatrics and psychiatry, raise a distinctive set of ethical issues, as does medical genetics, which involves choices affecting family members, future individuals and offspring in utero. In recent years, medical ethics has broadened its focus beyond the individual physician or nurse to include the organization, operation and financing of the health care system as a whole, including difficult theoretical and practical uncertainties regarding the fair allocation of health care resources. Medical ethics is at once a field of scholarship and a reform movement. The latter has campaigned in many countries on behalf of patients’ rights, better care of the dying and freedom for women in reproductive decisions. As a field of scholarship, medical ethics addresses these and many other issues, but is not defined by positions taken on any of them. Though ethicists often favour an emphasis on informed consent, oppose paternalism, urge permission to end life-sustaining therapy (or choose suicide) and seek protection of human subjects of experimentation, a diversity of viewpoints finds expression in the medical ethics literature.

MEDICAL LAW IN UKRAINE: PROBLEMS AND PROSPECTS OF DEVELOPMENT

2018 ◽  
Author(s):  
Irina Sukhodubova ◽  
◽  
Veronika Irzhavska ◽  
Keyword(s):  
Health Care ◽  
Public Relations ◽  
Health Care System ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Medical Law ◽  
Legal Norms ◽  
Separate Branch ◽  
Care System

The article considers the issue of branch affiliation of medical law. In particular, numerous studies conducted by recognized experts and scientists on the independence of the field of medical law are analyzed. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. Since the sectoral affiliation of medical law remains uncertain, this indicates the relevance, feasibility and necessity of a comprehensive study of the sectoral affiliation of medical law of Ukraine. In general, it is determined that medical law is a complex branch of law that includes a set of legal norms that regulate public relations in the health care system. The review of literature sources summarizes the state of the legal framework for the regulation of medical activities in Ukraine. When considering various sources and scientific works, the state of the regulatory framework for the regulation of medical activities and the health care system in Ukraine is summarized. The relevance of the allocation of medical law in a separate branch of law of Ukraine is highlighted. For this purpose, state bodies face the task of creating a separate complex branch of medical law. And before scientists - the development of medical jurisprudence as a separate branch of legal science. It can be concluded that such a document as the Medical Code of Ukraine is one of the tools for implementing the state health policy. Methods of improving and overcoming problematic situations in the system of legal regulation of health care are considered. The general provisions of the Medical Code are defined and the important features which should be contained in the corresponding codified act are specified. It is noted that the creation and adoption of an appropriate code will contribute to the quality and effective legal regulation of legal relations in the field of health care, as well as in the field of medical care, should become a reliable foundation of medical law.

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