scholarly journals Prospect and Legal Challenges of Medical Tourism in Relation to the Advance Medical Directive (AMD) in Malaysia

Author(s):  
Mohd Zamre Mohd Zahir ◽  
Tengku Noor Azira Tengku Zainudin ◽  
Ramalinggam Rajamanickam ◽  
Ahmad Azam Mohd Shariff ◽  
Zainunnisaa Abd Rahman ◽  
...  

People fly for several reasons. One of the goals is to obtain medical attention. This idea is known as “medical tourism.” In defending this concept, the notion of medical tourism is one of the prospects of increasing industries that have rapidly grown in Malaysia and other countries. One of the factors that led to this trend is the propensity to pursue better medical care at a lower cost. Around the same time, certain patients in modern society have begun to provide input on their medical care in cases where they are unable to give consent. Advance Medical Directive (AMD) is a particular directive containing the desires of a knowledgeable patient regarding his or her future medical plans if he or she becomes incompetent or unable to make any decisions regarding his or her body. However, the concern that arises in the sense of medical tourism is whether there are applicable laws in Malaysia that will ensure that the AMD of patients is enforced. The art of AMD is still relatively new in the country and, as a result, the legal status on the AMD is still vague and uncertain. The purpose of this article is, therefore, to define the laws that can be applied in relation to AMD in the context of medical tourism. The approach used in this article is qualitative. It found that Malaysia did not have a clear legal framework for AMD within the scope of medical tourism. This article concludes that this legal challenge can be overcome by means of the special AMD regulations on medical tourism in Malaysia.

2020 ◽  
Vol 11 (2) ◽  
pp. 229
Author(s):  
M. A. OSADCHUK ◽  
A. M. OSADCHUK ◽  
M. V. TRUSHIN

Medical tourism (MT) is a modern type of medical services outside the state of residence. It links medicine and tourism. Moreover, its availability combined with economic feasibility is the main incentive for seeking medical care outside the place of residence and is an important issue for national health systems. A noticeable MT contribution to the country`s economy is possible if there is a well-thought-out infrastructure with introduction of certification procedure, a universal service and marketing system, an adequate response to the offer of additional tourism services and regulation of conditions for systematic cooperation with private intermediaries. However, the absence of interstate standards for this type of medical care leads to significant ethical, political, epidemiological and economic problems and makes it difficult to assess its professional quality. This necessitates the creation of a legal framework that takes into account the rights and responsibilities of both the medical services consumer and the host country.


Author(s):  
Arkady Nikolaevich Daykhes ◽  
Vladimir Anatolievich Reshetnikov ◽  
Olga Aleksandrovna Manerova ◽  
Ilya Aleksandrovich Mikhailov

Aim of the study. Analysis of medical tourism’s organizational features based on the example of the large medical organizations in the United Kingdom, South Korea, Italy and China. Materials and methods. The data were collected by the authors by interviewing the heads of medical organizations and their deputies in the United Kingdom, South Korea, Italy and China (3–4 respondents per medical organization) using the developed questionnaire to identify the main mechanisms and tools for organizing the export of medical services. SWOT-analysis (Strengths; Weaknesses; Opportunities; Threats) was performed in order to comprehensively evaluate the received information. Results. Along with weaknesses and threats that slow down the development of medical services exports, strengths (internal factors) and opportunities ( external factors) that contribute to the development of medical tourism were also identified: the widespread popularity of the brand of medical organizations abroad which is associated with the provision of premium medical services; versatility and ability to conduct high-tech surgical operations; the presence of a separate premium class building and an international department for working with foreign patients and promoting a medical organization in the world market; well-established business relationships with assistance companies; foreign medical personnel who speak foreign languages and possess necessary skills to treat foreign patients; developed electronic medical care system; developed system of quality control of medical care; the presence of branches in other countries; the presence of a medical visa in the system of legislation; established cooperation with many countries at the embassy level; state licensing and accreditation for the provision of medical services to foreign citzens; the availability of a state website on the provision of medical assistance to foreign citizens; the possibility of the age of value added tax. Conclusion. We identified main patterns in the organization of export of medical services that can be applied to develop this direction in medical organizations of the Russian Federation during the analysis the strengths and weaknesses of four large medical organizations abroad, as well as external factors that affect the work of these medical organizations.


2011 ◽  
Vol 54 (1) ◽  
pp. 25-45 ◽  
Author(s):  
J. F. MERRITT

ABSTRACTStudies of the rise of London's vestries in the period to 1640 have tended to discuss them in terms of the inexorable rise of oligarchy and state formation. This article re-examines the emergence of the vestries in several ways, moving beyond this traditional focus on oligarchy, and noting how London's vestries raised much broader issues concerning law, custom, and lay religious authority. The article reveals a notable contrast between the widespread influence and activities of London vestries and the questionable legal framework in which they operated. The political and ecclesiastical authorities – and in particular Archbishop Laud – are also shown to have had very mixed attitudes towards the legitimacy and desirability of powerful vestries. The apparently smooth and relentless spread of select vestries in the pre-war period is also shown to be illusory. The granting of vestry ‘faculties’ by the authorities ceased abruptly at the end of the 1620s, amid a series of serious legal challenges, on both local and ideological grounds, to the existence of vestries. Their rise had thus been seriously contested and stymied well before the upheavals of the 1640s, although opposition to them came from multiple sources – Laudians, Henry Spelman and the royal Commission on Fees, and local parishioners – whose objectives could vary.


2021 ◽  
Author(s):  
Alexander Ilsner

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.


Author(s):  
Nikolai A. Ognerubov

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.


2021 ◽  
Vol 7 (3C) ◽  
pp. 424-442
Author(s):  
Dina Viktorovna Alontseva ◽  
Sergey Vladimirovich Vorobyev ◽  
Olga Anatolyevna Lavrishcheva

Based on the analysis of the modern legislation of the Russian Federation and taking into account the existing scientific concepts, the authors studied in detail the legal nature and identified the features of certain types of legal statuses of an individual entrepreneur, as well as revealed the structure and analyzed in detail the specifics of the civil status of an entrepreneur in modern Russia. As a result of the conducted research, the author's concept of the "civil status of an individual entrepreneur" was formulated and the need for the adoption of the Federal Law "On the legal status of an individual entrepreneur in the Russian Federation" was justified. The practical significance of the work is determined by the fact that the conclusions made in the course of the study can contribute to improving the legal status of entrepreneurs in modern society at the legislative level. The methodological basis of this study was made up of general scientific, private and special methods of cognition.


2021 ◽  
Vol 1 (5) ◽  
pp. 5-10
Author(s):  
Rajat Shandilya ◽  
◽  
Bhagyesh Acharya ◽  
Mayank ◽  
Monika Garg ◽  
...  

India is quickly becoming one of the most popular tourist destinations in the world. The rise of India as a tourist destination can be attributed to a number of factors. The growth of medical tourism in India is one of the reasons examined in this paper. Healthcare tourism is when people from all over the world fly to another country to receive medical, dental, and surgical treatment when exploring, vacationing, and completely immersing themselves in the attractions of the countries they are visiting. In the medical tourism industry, India is one of the most popular destinations. Medical tourism is experiencing rapid growth in India. Medical tourists cross foreign boundaries in search of medical care. Medical tourism has developed to become a multibillion-dollar industry. It is important to remember that the primary goal of medical tourists is to provide high-quality medical care at an affordable cost. When compared to other developing countries in the world, India has emerged as the most sought-after destination for medical tourists due to the availability of world-class doctors at affordable prices. In addition, India has a wide range of tourist destinations. It has tremendous potential for creating jobs and earning large sums of foreign currency. The paper ends with policy recommendations for advancing the rapidly growing medical tourism industry.


Author(s):  
Liliya Andrush

The article analyzes the legal framework for the health care of police officers and their families. Three main models of providing police officers with health services (health insurance, budgetary, mixed) are outlined, and it is noted that Ukraine finances departmental health care institutions at the expense of budgetary funds and provides basic services that are free of charge. It is emphasized that the fundamental rules governing the relevant issues are contained in the Law of Ukraine “On the National Police”. Article 95 of this Law is analyzed, according to it the main categories of persons who are entitled to free medical care in the health care institutions of the Ministry of Internal Affairs (police officers, their families - children 18 or 23 years of age in the study in higher education institutions, husband or wife) main forms, family members of the dead or missing police officers, police officers with disabilities in service). It is stated that such services are eligible for some categories of former police officers and their families. It is also about the legal provision of rehabilitation, sanitary and health resorts, wellness as well as recreation measures in departmental medical rehabilitation centers, sanatoriums, rest homes, boarding houses and health institutions of different categories of police officers, their families. Various instructions and regulations are being analyzed to clarify the categories of persons applying for medical care, rehabilitation and recreation in departmental health care facilities, conditions for free rest, etc. The study also reveals a list of institutions that are part of the departmental health care system.


2021 ◽  
Vol 63 (4) ◽  
pp. 50-55
Author(s):  
Tung Son Le ◽  
◽  
Thi Hoang Yen Thach ◽  
Van Hong Tran ◽  
◽  
...  

Science and technology information has been an important driving force in the information society and knowledge economy. Access to scientific and technological information for scientific research becomes an essential need and a factor affecting the quality of scientific research and innovation, thereby posing a problem to establish a legal framework for recognising and enforcing the right to access scientific and technological information. Based on identifying and evaluating the current legal status on the right to access to science and technology information, this study proposes solutions to improve the legal framework to ensure the enforcement of the right to access science and technology information in Vietnam.


Author(s):  
Lilla Garayová

The following article deals with the issue of cohabitation in the Slovak Republic. An institute, that while does not formally exist in Slovak legal order, still has certain legal consequences. Slovak family law is facing a comprehensive transformation, so it is expected, that many of the issues outlined in the submitted article will be properly dealt with in the expected recodification of Slovak civil law, that will include family law as well. As far as the current legal framework however, it leaves much to be desired. There is no legal institute which would be an alternative to traditional marriage, nor an institute which would comprehensively cover the legal status, rights and duties of cohabitants. This is due to the traditional nature of Slovak family law, the way the institute of marriage and family are dealt with in our legal order. While a comprehensive legal framework of cohabitation is missing, it cannot be said that the Slovak legislation ignores cohabitation – there are many legal consequences in various fields of law that relate to the rights of cohabitants. The article highlights the gaps in these areas as well as potential opportunities for future legislation. The research was carried out within the framework of the Central European Professors’ Network coordinated by the Ferenc Mádl Institute of Comparative Law.


Sign in / Sign up

Export Citation Format

Share Document