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1
Chernik, S. "THE RIGHT TO MOTHERHOOD AND PATERNITY AS PERSONAL NON-PROPERTY RIGHTS OF THE SPOUSE." Scientific notes Series Law 1, no. 10 (July 2021): 25–29. http://dx.doi.org/10.36550/2522-9230-2021-10-25-29.
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The article reveals the essence of one of the main personal non-property laws of spouses, enshrined in family law – the law to motherhood and fatherhood. It is noted that there is no definition of «motherhood» and «fatherhood» in the legislation. The definitions of the concepts «law to motherhood» and «law to fatherhood» proposed in the scientific legal literature are studied and generalized. The exercise of the law to motherhood and fatherhood is linked to the reproductive function of women and men, and it is important that they fulfill the social functions that arise in connection with the birth of a child. The constituent elements of the law to motherhood are considered. A woman has the law to pregnancy and health care during pregnancy and childbirth, the provision of qualified medical care in accredited health care facilities, partner childbirth. It has been found that the most controversial issue is a woman’s law to refuse to have a child, which includes a woman’s voluntary refusal to have children or abortion. The abortion procedure in Ukraine is regulated by law. However, the problem of determining the legal status of the embryo is quite complex and needs to be studied. The approaches to determining the moment of the beginning of protection of human life offered in legal science, namely: absolutist, liberal and gradualistic (moderate) are revealed. Emphasis is placed on the moral aspect of the problem of abortion. It is noted that a woman decides on the issue of abortion on her own, while such a law is not assigned to a man. It is stated that the law to paternity is closely related to the law to maternity and consists of three powers: the husband decides whether or not to have a child, may demand not to prevent him from exercising such a law and to defend parental laws in court.
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Stasiulis, Daiva. "Elimi(Nation): Canada’s “Post-Settler” Embrace of Disposable Migrant Labour." Studies in Social Justice 2020, no. 14 (March 26, 2020): 22–54. http://dx.doi.org/10.26522/ssj.v2020i14.2251.
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This article utilizes the lens of disposability to explore recent conditions of low-wage temporary migrant labour, whose numbers and economic sectors have expanded in the 21stcentury. A central argument is that disposability is a discursive and material relation of power that creates and reproduces invidious distinctions between the value of “legitimate” Canadian settler-citizens (and candidates for citizenship) and the lack of worth of undesirable migrant populations working in Canada, often for protracted periods of time. The analytical lens of migrant disposability draws upon theorizing within Marxian, critical modernity studies, and decolonizing settler colonial frameworks. This article explores the technologies of disposability that lay waste to low wage workers in sites such as immigration law and provincial/territorial employment legislation, the workplace, transport, living conditions, access to health care and the practice of medical repatriation of injured and ill migrant workers. The mounting evidence that disposability is immanent within low-wage migrant labour schemes in Canada has implications for migrant social justice. The failure to protect migrant workers from a vast array of harms reflects the historical foundations of Canada’s contemporary migrant worker schemes in an “inherited background field [of settler colonialism] within which market, racist, patriarchal and state relations converge” (Coulthard, 2014, p. 14). Incremental liberal reform has made little headway insofar as the administration and in some cases reversal of more progressive reforms such as guaranteed pathways to citizenship prioritize employers’ labour interests and the lives and health of primarily white, middle class Canadian citizens at the expense of a shunned and racialized but growing population of migrants from the global South. Transformational change and social justice for migrant workers can only occur by reversing the disposability and hyper-commodification intrinsic to low-wage migrant programs and granting full permanent legal status to migrant workers.
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Senyuta, Iryna. "Modern Civilistic Instruments of Medical Reform: Issues of Law Implementation and Law Enforcement." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 3 (September 29, 2020): 109–27. http://dx.doi.org/10.37635/jnalsu.27(3).2020.109-127.
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The study of the latest civilistic instruments of medical reform is conditioned by its purpose, which is to clarify the legal nature of the declaration of choice of primary care physician and the contract for medical care under the programme of medical guarantees, highlighting the specific features of the right to choose a doctor, conditioned by the outlined tolls, as well as identifying gaps and controversies in the legislation of Ukraine and judicial practice in law enforcement in this area. The main method of the study was the method of studying judicial practice, which allowed to assess the effectiveness of law enforcement, the level of perception of legislation in this area in practice, as well as to determine the necessity of improving the legal regulation. The study highlights the problematic aspects related to the exercise of the right to free choice of a doctor, in particular due to legislative changes regarding medical reform. The legal essence of the declaration on the choice of a primary care physician has been covered. The study clarifies that it is not a transaction, but a document certifying the exercise of the right to freely choose a primary care physician. The contract on medical care of the population under the programme of medical guarantees is analysed and its civil law matter is established. It is determined that it is a contract for the provision of services under the public procurement, concluded for the benefit of third parties. The reimbursement agreement was also investigated, which is also an agreement in favour of third parties – patients in terms of full or partial payment for their medicines. The judicial practice is analysed, which gives grounds to assert the problems with enforcement and administration of law, and proposals are made to improve the current legislation, including in the aspect of the subject of the contract under the programme of medical guarantees. The "legitimate expectation" that arises in a person in the presence of regulatory guarantees is under conventional protection, as illustrated by the European Court of Human Rights in its decisions, and to change the paradigm of implementation requires a transformation of legislation. The practical significance of this study is to intensify scientific intelligence in this direction, to improve the legal regulation of these innovative legal constructions, to optimise the enforcement and administration of law in the outlined civilistic plane
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Fisenko, Andrey P., Anna G. Timofeeva, Rimma N. Terletskaya, and Svetlana R. Konova. "Problems of legislation and law enforcement in the field of children’s health care." Russian Pediatric Journal 23, no. 3 (July 3, 2020): 171–77. http://dx.doi.org/10.18821/1560-9561-2020-23-3-171-177.
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Introduction. The protection of children’s health is considered to be the most important among the state priorities. The aim of the study was to study the problems of legislation and legal enforcement in the field of children’s health protection to develop proposals for further improvement of its management. Materials and methods. Analysis of information in abstract databases of scientific publications and assessment of existing legislative framework related to children’s health protection in the Russian Federation. Results. The following issues were identified: lack of mechanisms for implementing the principle of priority of children’s health protection; violation of children’s rights when providing them with medical and preventive care within the framework of mandatory medical insurance and when providing paid medical services; insufficient quality of preventive medical examinations and preventive work in outpatient clinics and educational institutions. Existing standards of time for a patient to visit a pediatrician have been shown to have a negative impact on the quality of medical (including preventive) care for children. The need to create a regulatory framework for the legitimate introduction of the “early assistance” technologies and to establish a system of medical and social support for children in difficult situations had been justified. Issues of school medicine and regulation of juvenile labor require a legislative solution. Conclusion. The enhancement of existing legislation in the field of children’s health should consist not only in new legal mechanisms development and new laws adoption but also in improving the effectiveness of existing legal norms, i.e. improving law enforcement practices.
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Benatar, Solomon R. "Global Health, Vulnerable Populations, and Law." Journal of Law, Medicine & Ethics 41, no. 1 (2013): 42–47. http://dx.doi.org/10.1111/jlme.12004.
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The most common response to the challenge of protecting health through law is to focus on protecting the rights of vulnerable individuals and to enhance their access to health care. Each one of us is vulnerable or potentially vulnerable because of the fragile, existential nature of the human condition. Catastrophic and unexpected events could instantaneously transform us from a state of total independence and potential vulnerability to one of extreme vulnerability and complete dependence. Some legal provisions have the potential to provide a modicum of protection when we find ourselves in those situations (for example, through legislation, effective emergency health services can be created to reduce the impact of our potential vulnerability). There are also legal provisions that contribute to beneficial social circumstances; for example, legislation enabling universal access to medical care, and operationalizing respect for the individual’s right to health care, as advocated for by other authors in this issue.
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Agustina, Enny. "CRIMINAL LAW POLICY IN HEALTH CARE." INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES 1, no. 2 (December 8, 2019): 74–80. http://dx.doi.org/10.32501/injuriless.v1i2.67.
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Legislation in the health sector must always follow and fulfill the community needs. After that, it must be able to answer the problems of the community in the health sector, so that people feel at ease as citizens. It is the duty of the government so that people can enjoy health care at affordable costs. In addition, hospitals must always maintain their professionals. The problem this paper about how is criminal law policy in health care and the methods is Normative legal research is research conducted by examining library materials. This research on normative literature includes research on legal principles, research on legal systematic, research on the levels of vertical and horizontal synchronization, comparison of law and legal history. The result is obtained are in addition to criminal law, namely Law Number 1 Year 1946 on the Criminal Code, there are also several criminal policy that regulate criminal law protection in health care or medical. The laws and regulations are Law Number 36 Year 2009 on Health, Law Number 44 Year 2009 on Hospitals, Law Number 29 Year 2004 on Medical Practice and many other laws and regulations related to criminal policy in the health sector. Since ancient Greece, legal science has touched almost all aspects of human life, except the medical field. Health workers who existed at that time regulated their own work methods with professional codes of ethics and oaths that were deeply rooted in tradition and had a strong influence on society.
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Furrow, Barry R. "Quality Control in Health Care: Developments in the Law of Medical Malpractice." Journal of Law, Medicine & Ethics 21, no. 2 (1993): 173–92. http://dx.doi.org/10.1111/j.1748-720x.1993.tb01241.x.
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Physicians and institutional providers face expanding liability exposure today, in spite of state tort reform legislation and public awareness of the costs of malpractice for providers. Standards of practice are evolving rapidly; new medical technologies are being introduced at a rapid rate; information is proliferating as to treatment efficacy, patient risk, and diseases generally. Tort standards mirror this change. As medical standards of care evolve, they provide a benchmark against which to measure provider failure. The liability exposure of physicians is affected by (1) the generation of data, including outcomes data usable to profile physician practice, and statistical data that allows for predictions as to treatment efficacy, and patient prognosis; (2) obligations to inform patients and third parties of risk created by contagious disease and other sources of harm; (3) obligations of physicians to disclose risks that the provider creates for the patient; (4) obligations to disclose conflicts of interest arising out of the practice setting; and (5) duties arising from new epidemiological knowledge.
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Nikitchenko, Nataliia V., Andrii M. Khankevych, Dmytro V. Slynko, Tetiana I. Savchuk, and Viktor V. Lazariev. "A MEDICAL ERROR: DOES LAW HELP OR HINDER." Wiadomości Lekarskie 72, no. 4 (2019): 697–701. http://dx.doi.org/10.36740/wlek201904137.
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Introduction: Health systems and health policies across the European Union are becoming more and more interconnected and also more complex. This increased interconnection raises many health policy issues, including health care quality. Mistakes in medical care can occur anywhere in the health care system – at hospitals, doctor’s offices, nursing homes, pharmacies, or patients’ homes - and in any part of the treatment process involving wrong medication, improper treatment, or incorrect or delayed test results. The aim of the article is to develop adequate theoretical and scientific-practical proposals for the modernization of the legal regulation to protect patients’ rights aimed at observance of constitutional rights and freedoms. Materials and methods: In order to obtain the results the analysis of medical, labor and civil law norms are investigated. The article uses analysis and synthesis methods, as well as a comparative legal method. Review: A number of proposals are given for improving legislation in the area of eliminating obstacles to provision of qualitative primary care / medical-preventive care, prevention of formal attitude towards the patient, the implementation of preventive protection measures which should notify in advance about the violation of the law in the medical sphere. Conclusions: Ukraine urgently needs a legal mechanism to protect the rights of patients; it will become a systemic phenomenon and will consist of legal means, forms, ways by which the restoration of violated patients’ rights is provided, the support of protected interests by the law is maintained, legal disputes are resolved and other obstacles to realization of patients’ rights are overcome.
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Stubbings, JoAnn, and Hind T. Hatoum. "A Review and Analysis of the Medicaid Prudent Pharmaceutical Purchasing Bill and Its Impact on Managed Care Pharmacy." Journal of Pharmacy Practice 5, no. 2 (April 1992): 86–96. http://dx.doi.org/10.1177/089719009200500208.
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The Medicaid Prudent Pharmaceutical Purchasing Bill is designed to improve Medicaid patients' access to medications in return for signed rebate agreements from pharmaceutical manufacturers. The legislation also recognizes and attempts to develop the potential clinical role of pharmacy through mandates for drug utilization review, patient counseling, and electronic claims processing for Medicaid patients. Managed care pharmacy has a distinct advantage in the achievement of these clinical roles; it has already implemented drug utilization review and has electronic claims capabilities. This article reviews the legislation and describes the potential impact of the law on managed care pharmacy practice. The government is a major player in terms of setting health policy and trends in this country, and managed care pharmacy departments should be keenly aware of the legislative impact on overall future pharmacy trends. The potential exists for other government agencies and eventually the private sector to require and reimburse for provisions similar to those described in the Medicaid legislation. Managed care pharmacists should take a special interest in ensuring that the demonstration projects and studies mandated by the legislation show positive documentation of pharmacists' intervention so that eventually pharmacists will be properly compensated for such services in the public and private sectors.
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Lovchikova, I. A., A. A. Chursin, A. V. Podoprigora, S. N. Boev, D. E. Boev, O. P. Vislova, O. S. Sergeeva, and A. A. Zhukov. "Features of Simulation Training of Emergency Medical Care for Doctors of Nonurgent Specialties in the Framework of Continuing Medical Education." Virtual Technologies in Medicine 1, no. 3 (September 17, 2021): 134. http://dx.doi.org/10.46594/2687-0037_2021_3_1332.
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According to the current legislation medical institutions of any specialization and form of ownership are obliged to provide emergency medical care without delay and free of charge. Emergency medical care is not a profile one for many specialists and, within the framework of the current law, it is necessary to introduce an emergency medical care course into the CME system for all medical specialties at least once every five years, which will correspond to both the previously adopted system of postgraduate education and the existing standards of work of medical facilities.
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Breitenbach, Edwin E. "Recent Changes in Medical—Legal Statutory and Case Law and Their Application to Cosmetic Surgery." American Journal of Cosmetic Surgery 3, no. 3 (September 1986): 3–6. http://dx.doi.org/10.1177/074880688600300302.
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In the mid 1970s medical malpractice insurance carriers, faced with huge increases in both the number of claims and the size of awards, elected either to discontinue writing medical malpractice insurance policies or to raise premiums for this type of insurance by a factor of two or three. Faced with the prospect of unavailability of affordable medical malpractice insurance many physicians elected to go without any malpractice coverage, went into early retirement terminating their practices altogether, or narrowed the scope of their practices to eliminate those procedures which carried an inordinately high risk of medical malpractice litigation. In response to the potential unavailability of adequate health care because of the impending medical malpractice insurance crisis many states enacted remedial emergency legislation in an attempt to deal with the crisis by providing an incentive for insurance carriers to either reenter the medical malpractice field or for those remaining to limit their proposed premium increases substantially. California was one of those states which enacted broad remedial legislation. In addition other states enacted legislation quite similar to California's. An attempt will be made to review those statutes passed by California in specific response to the medical malpractice crisis and their history as they underwent constitutional attack in the California appellate court system. The legislation reviewed here is of course applicable only in California. However, many other states have enacted comparable legislation and many jurisdictions currently are considering statutory changes which would parallel California's laws. California's current statutes dealing with medical malpractice litigation could be considered a model for those jurisdictions currently facing a crisis in affordability or availability of malpractice insurance coverage.
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Mishyna, Natalia V., and Olena O. Surilova. "CONSTITUTIONAL AND ADMINISTRATIVE ASPECTS OF THE UKRAINE’S MEDICAL CODE." Wiadomości Lekarskie 73, no. 1 (January 2020): 191–95. http://dx.doi.org/10.36740/wlek202001136.
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The aim of this study is to show which aspects of Ukraine’s constitutional and administrative law should appear in Ukraine’s future medical code. Materials and methods: The authors analyse five pieces of law or proposed law, including the 1996 Constitution’s provisions on health care, Law the Fundamentals of Health Protection and the main codes. The authors apply classical legal analysis to these laws – analyzing the first three chapters of the proposed medical code from a constitutional and administrative perspective. The other methods used by the authors are systemic, comparative and synergetic. Conclusion: Ukraine needs a medical code incorporating international and European health care standards. Such a code will also further develop the country’s medical legislation. Yet the proposed project has many constitutional and administrative weaknesses.
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Tsekhmister, Yaroslav, and Oleksandra Lysenko. "Codification of medical legislation from the position of doctors’ legal culture improvement in Ukraine." Osvitolohiya, no. 7 (2018): 131–37. http://dx.doi.org/10.28925/2226-3012.2018.7.131137.
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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.
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Kristanto, Andi Puji. "Analysis of Health Law Relating to Health Services Affected by COVID-19." Journal La Sociale 2, no. 1 (March 6, 2021): 53–57. http://dx.doi.org/10.37899/journal-la-sociale.v2i1.307.
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COVID-19 has a profound influence on all aspects of life, especially in the medical field. Services for public health who are not tainted with COVID-19 have similar issues. As a result, the writers want to look at health legislation and how it relates to the status of health care after the COVID-19 pandemic. In this study, qualitative approaches were used for a descriptive methodology. According to the findings of the investigation, COVID-19 has caused significant damage to medical and hospital staff, resulting in numerous problems for health care, especially while coping with COVID-19 patients and patients who are not contaminated with COVID-19. This is obviously in conflict with current health legislation, which recognizes health as one of the most fundamental human needs and has newly been granted statutory protection. The government has formulated numerous strategies in this regard so that this fundamental right can be battled for even throughout the pandemic.
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Puchkova, G. V., and L. P. Bohutska. "INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS." Клінічна та профілактична медицина 1, no. 15 (February 25, 2021): 58–65. http://dx.doi.org/10.31612/2616-4868.1(15).2021.07.
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The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.
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Khamitova, G. M. "Some challenges in legal regulation of the minor patients rights and freedoms." Kazan medical journal 96, no. 6 (December 15, 2015): 1054–57. http://dx.doi.org/10.17750/kmj2015-1054.
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The problem of securing and protecting the citizens rights for the medical care delivery in the existing legislation is one of the most relevant in the modern Russian law. In domestic legislation the right to health and medical care is primarily enshrined in the Constitution of the Russian Federation. For example, the article 41 establishes the right to get free medical care in accordance with the state guarantees program of free medical care delivery to citizens, and to receive paid medical and other services. However, there are some peculiarities and problems of these rights implementation in minor patients. This article is devoted to the analysis of this problem certain aspects. In particular, it raises questions on the patient’s right to get information about his/her health status, enshrined in the Fundamentals (article 19) and the Law of the Russian Federation «On Protection of Consumers’ Rights of 07.02.1992». Quite controversial is the situation when the legal representatives of a minor under the age of 15 years strongly refuse medical intervention and hospital insists on it. Considering the features of the right ofminors to confidentiality, it should be noted that providing the information constituting patient’s confidentiality to legal representatives is not stipulated by the national medical legislation standards in case of minors over 15 years old. However, it should be taken into account that in case of harm infliction to a minor or unlawful interference with the minor’s health, the latters not having full legal capacity, are not able to protect themselves. Also in the current legislation in the field of donation and transplantation the problem of the minors lifetime donation regulation remains unsolved. In summary, it should be noted that, despite the relative development of the legislation on the minor patients rights, in reality unusual situations that create psychological, moral and ethical problems for doctors occur quite often.
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Demura, Marina I., Viktoriia A. Kononenko, and Nataliia A. Fedosenko. "CHALLENGES OF HEALTH CARE PROFESSIONALS' DISCIPLINARY AND CRIMINAL PROSECUTION." Wiadomości Lekarskie 73, no. 12 (2020): 2827–32. http://dx.doi.org/10.36740/wlek202012221.
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The aim of the research is to study the peculiarities of the legislative consolidation of criminal and disciplinary liability for offenses of health care professionals in Ukraine and other states. Materials and methods: Criminal legislation of Ukraine, international acts, decisions of the European Court of Human Rights (hereinafter - ECHR), data of the Integrated State Register of Judgments, as well as criminal legislation of Germany, the French Republic, the Kingdom of Denmark, the Republic of Belarus, Kazakhstan and many other countries. A set of general and special scientific methods of scientific knowledge was the methodological basis. The use of the comparative law method has become useful in the analysis of Ukrainian legislation and the legislation of other states. Conclusions: the article examined the features of the legislative consolidation of criminal and disciplinary liability for offenses of health care professionals in Ukraine and other countries. A comparative legal analysis of the legal enshrinement of the corpus delicti in the form of non-performance or misconduct of professional duties by a health care or pharmaceutical worker was carried out on the example of Ukraine and many other countries; types of penalties for medical crimes, which are established for this type of offense, were identified; sanctions for committing a disciplinary misconduct by a health care professional were determined on the example of the legislation of different countries.
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Szereda, Kamil, and Jolanta Szymańska. "Independent public healthcare unit as an entrepreneur – considerations based on the Act on Medical Activity." Polish Journal of Public Health 125, no. 3 (September 1, 2015): 159–61. http://dx.doi.org/10.1515/pjph-2015-0045.
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Abstract An entrepreneur is someone that engages in a business activity on their own behalf. An entrepreneur might be a natural person, legal person and an organizational unit without legal personality, to which the legal capacity is given by a separate act. Regarding the current legislation, Supreme Court rulings and opinions contained in publications, the authors discuss the legal aspects of entrepreneur’s running an autonomous public health care facility. Since the act on medical activity has become law, both the status of health care facilities and the case law concerning their status as enterprises changed.
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Danilov, E. O. "Legal Classification of Defects in Medical Care." Actual Problems of Russian Law 16, no. 5 (June 9, 2021): 123–38. http://dx.doi.org/10.17803/1994-1471.2021.126.5.123-138.
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The paper studies the legal nature of defects in medical care and defines criteria for their legal classification. A retrospective analysis of the development of the institution of legal responsibility for improper medical treatment is carried out. The concept of a defect in medical care and related categories, their natural ontological characteristics and classifying legal features are investigated, doctrinal approaches to the legal assessment of defects in medical care are considered. It is noted that, despite the noticeable evolution that the question of the responsibility of doctors has undergone in the history of law, there is still no single approach to understanding the legal nature of defects in medical care in jurisprudence. In modern Russian legislation, as in the criminal laws of most foreign countries, there are no special standards for such defects classification. At the same time, in the interests of optimal legal regulation of relations in the field of medicine, today it is the legal definition and systematization of basic concepts and criteria for the legal classification of various medical incidents that matters and not the introduction into the law of special articles establishing criminal liability for improper provision of medical care. Thus, by combining all adverse events in medical practice under the general term "medical incidents", one can use the concept of "medical care defect" to distinguish incidents caused by inappropriate provision of medical services. The author proposes his own classification of defects in medical care dividing them into medical torts (offenses) and medical incidents (accidents and medical errors) based on the nature of the attitude of the subject of medical activity to their professional duties. A conceptual approach to the legal classification of medical care defects has been formulated.
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Suray, I. G., and V. I. Ohten. "Licensing of economic activity in Ukraine health care system." Likarska sprava, no. 5-6 (June 27, 2018): 172–79. http://dx.doi.org/10.31640/jvd.5-6.2018(30).
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The article substantiates the complex nature of the legislation in the sphere of regulation of medical practice activity that includes the rules of various branches of law, which at the same time are connected with the same subject of legal regulation. It shows the role of licensing as a main instrument of medical practice activity regulation – the kind of economic activity in the sphere of health care that is provided by the entities exclusively on the basis of a license obtained according to the law and implies the provision of medical care and medical services aimed on the realization of human rights regarding the protection of their health as the highest social value. In the article there are results of the analysis of the regulative and legal ensuring of licensing process of economic activity in the modern system of health care of Ukraine.
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Ortiz Linares, Ekaterina, and Marisela Silva Chau. "Reflections on the Colombian case law on the protection of medical personnel against punishment." International Review of the Red Cross 95, no. 890 (June 2013): 251–65. http://dx.doi.org/10.1017/s1816383114000204.
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AbstractOne of the fundamental rules for the protection of health-care personnel in any circumstance, including contexts of armed conflicts, provides for a prohibition on punishing medical professionals who merely act in accordance with medical ethics. However, although the reasons for this prohibition may seem obvious, in contexts of non-international armed conflicts the provision of medical care to wounded and sick members of non-state armed groups can expose medical personnel to accusations of participation in criminal activities. Based on the Colombian domestic legislation and jurisprudence on the matter, this article aims to propose elements of analysis on the apparent contradiction that exists between, on the one hand, the prohibition against punishing medical personnel for merely providing health care to the wounded and sick who need it, and on the other, the prerogative of the state authorities to restore order and security within their territory through the imposition of criminal sanctions on members of non-state armed groups or their aiders and abettors.
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Gresz, Miklós. "Reevaluation criteria for health care capacity allocation according to current legislation in Hungary." Orvosi Hetilap 152, no. 44 (October 2011): 1775–81. http://dx.doi.org/10.1556/oh.2011.29230.
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Act CXXXII of the year 2006 – amended several times – on the development of the health care system requires that health insurance authorities should regularly review utilization of the contracted capacity of professional medical care providers, and the need for change of capacities. The first such analysis should be carried out in 2013, according to the current laws in Hungary. The law lists 16 items, which are the basis for evaluation of the performance of providers. Among them some items are difficult to analyse specifically even for health insurance specialists. This study aims to review aspects of the reevaluation process and their associated concepts. Author wants to provide help for setting up the analysis in practice by going through and analysing the requirements of the law in detail. Orv. Hetil., 2011, 152, 1775–1781.
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Uusitalo, Jenna. "From Legislative Shortcomings towards Better Human Rights Protection — Analysis of Legislation on the Emergency Medical Services in Finland and Estonia." European Journal of Health Law 25, no. 4 (July 27, 2018): 389–406. http://dx.doi.org/10.1163/15718093-12540387.
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Abstract Emergency medical service (EMS) is designed, above all, to provide urgent treatment for patients with sudden life-threatening diseases or injuries. In wider context, however, EMS is a part of state’s constitutional obligation to guarantee adequate medical care. Therefore, this analysis of how EMS legislation has been drafted and implemented in practice can also be seen to reflect the state’s attitude towards the protection of human rights. A comparison between legal provisions on EMS in Finland and Estonia has been performed in order to illustrate these differentiations. Essentially, the article argues that Estonian EMS legislation seems to contribute more significantly to human rights protection, whereas Finland is more economically oriented in its attitude. However, both jurisdictions also contain some advantageous provisions, which could enhance the quality and improve the recognition of human rights in other states as well.
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Humphreys, Martin. "Consultant Psychiatrists' Knowledge of Mental Health Legislation in Scotland." Medicine, Science and the Law 38, no. 3 (July 1998): 237–41. http://dx.doi.org/10.1177/002580249803800310.
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There has been increasing concern recently over an apparent lack of knowledge of mental health law among psychiatrists and other medical practitioners involved in its use. This has been particularly highlighted by the introduction of new and complex legislation intended to facilitate care in the community. As a result of findings from previous studies of other groups of medical practitioners in Scotland, a national survey of consultant psychiatrists working there was undertaken to determine their level of understanding of the statutory provision for the care of the mentally disordered. A purpose-designed instrument was used at interview with 72 consultants chosen at random from all psychiatric specialties. Their knowledge of even the most basic definitions and fundamental areas was limited, with only just over half being able to give the correct title of one relevant piece of legislation and only one in 10 being able to define mental disorder in terms of the Act. Otherwise knowledge was generally patchy. Greater emphasis should be placed upon training in mental health law for consultant psychiatrists in general, as the findings are unlikely to reflect purely localized patterns. Attitudes to the use of compulsory measures also need to be addressed.
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Romanov, S. V. "THE PROBLEM OF REGULATION OF POSTMORTEM ORGAN DONORSHIP AS A CONSTITUENT OF SOCIAL INSTITUTE OF MEDICINE IN THE LEGISLATION RUSSIAN FEDERATION." Sociology of Medicine 18, no. 1 (June 15, 2019): 4–7. http://dx.doi.org/10.18821/1728-2810-2019-18-1-4-7.
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The article considers issues of regulation of postmortem organ donorship in the legislation of the Russian Federation. The analysis is presented concerning application of the most significant concepts of the Russian law of medical care regulating postmortem organ donorship. The justification of given a more accurate specification to «medical service» concept is proposed.
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Gutorova, Nataliya, Oleksandr Zhytnyi, and Oleksii Soloviov. "FALSIFICATION OF MEDICAL PRODUCTS: CRIMINAL LAW MECHANISM COMBATING THREATS TO PUBLIC HEALTH." Wiadomości Lekarskie 72, no. 5 (2019): 856–61. http://dx.doi.org/10.36740/wlek201905124.
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Introduction: Every civilized state has the duty to its citizens to create an effective health care system, a necessary component of which is the use of safe and high-quality medical products. This duty is based both on the standards of international law and national constitutional norms and principles. The spread of falsified medical products poses a global threat to public health, can lead to death or cause significant harm to human health. Given the extreme risk of such acts, there is a need to create and operate an effective criminal law mechanism to combat such acts. The aim: The purpose of the article is to study the existing criminal law mechanism to combat the falsification of medical products at the international, regional and national levels (Poland and Ukraine as an example), as well as to develop proposals for improving of such a mechanism. Materials and methods: This study is based on the empirical and analytical data of the WHO, the United Nations Convention against Transnational Organized Crime, the Council of Europe Convention on the counterfeiting of medical products and similar crimes involving threats to public health (The Medicrime Convention), criminal legislation of Ukraine and Poland, General Prosecutor’s Office data on the criminal liability of those who committed falsification of medicines. Totally 28 laws and papers, 25 court judgments were analyzed. Dialectical, comparative, analytic, synthetic and system analyses research methods were used, also for interpretation purposes. Results: Falsification of medical products worldwide is characterized by high prevalence and is one of the highly profitable activities of transnational organized crime. Therefore, an effective counteraction to these crimes is impossible through isolated actions by one separate State and requires the establishment of a multi-level integrated mechanism to combat this phenomenon. The criminal law mechanism, as a necessary component of abovementioned mechanism, should be established at the international, regional and national levels. An analysis of the situation in Poland and Ukraine showed that the falsification of medical products is quite common in these countries, but national criminal legislation and practice of its implementation needs improvement. Conclusions: There is a need to create and implement an effective criminal law mechanism (at international, regional and national levels) to combat the spread of falsified medical products. At the international level, in order to increase the effectiveness of this mechanism, we fully support the EU initiative to amend the United Nations Convention against Transnational Organized Crime, which would establish additional liability for the falsification of medicines. Improving the criminal law mechanism to combat the falsification of medical products at the European regional level requires intensifying of The Medicrime Convention ratification process and full implementation of rules on criminal liability for falsifying medical products into national criminal legislation. At the national level, it is necessary to improve both the criminal legislation and the practice of its implementation, to intensify the activity of law enforcement agencies to combat these crimes, to ensure a fair trial and effective criminal penalties for those who have committed a crime of falsifying medical products.
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Schofield, Christopher. "Mental health law training should be mandatory for all doctors." Psychiatrist 35, no. 12 (December 2011): 466–68. http://dx.doi.org/10.1192/pb.bp.111.035683.
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SummaryOver many years and with various pieces of new legislation there are significant gaps in doctors' knowledge about mental health law. It is time to ensure that doctors know the law and can apply it to the patients they see. Practising legally and not detaining or allowing people to leave hospital inappropriately should be a mandatory part of training for every doctor no matter what the specialty. Medical schools, deaneries, training programme directors and the General Medical Council should take up the challenge and ensure good-quality training for all doctors to ensure good-quality care in this area is given to all patients.
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Allamyarova, N. V., and E. G. Sanakoeva. "Legal regulation of telemedicine in the health care system of the Russian Federation: state and prospects for improvement." Bulletin of the Russian Military Medical Academy 21, no. 3 (September 15, 2019): 15–22. http://dx.doi.org/10.17816/brmma20662.
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The legislation in the field of e-health, adopted in 2017, opens fundamentally new opportunities in the development of medical care using telemedicine technologies. The article provides an analysis of regulatory legal documents that establish the legal framework for the provision of medical care using telemedicine technologies. An assessment is made of the current state of telemedicine legal regulation in Russia. The law on telemedicine requires adjustment and refinement of existing regulations, procedures, standards of medical care with a detailed regulation of tools and situations of their application.
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Šilys, Arvydas, and Viktoras Justickis. "Abuse of The Law in Medical Cases." Sveikatos mokslai 25, no. 2 (April 20, 2015): 76–82. http://dx.doi.org/10.5200/sm-hs.2015.034.
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Abuse of process-this is the “use of the law against the Law” [5]. “The letters of the law is used against its goals and spirit”[5]. Numerous legislation are adopted in order to better ensure the rights of a patient. A variety of authorities supervise it. However, the complexity of the legislative and the great number of regulatory institutions creates a lot of opportunities for abuse of the law. It is , first of all, the opportunity for a party to “play for time”, when the outcome of the case seems to be undesirable for this party it misu- ses the law to postpone the final conclusion of the court. Second, the law is abused to exhaust the opponent, to cause him to spend a great deal of money and time and this way to urge him to refuse persecuting his just aims. Third, the law can be misused to “punish” the opponent for his pursuit of the truth in the case. Most of agencies proceeding the case duplicate the same supervisory body to hear the case, neither one of which is able to take the final conclusion.The case presented in this article the typical traits of the abuse are outlined. They are, first, the obvious groundlessness of the patient‘s complaint. The patient complains of side effects of the drug. He was worned on this side effect, this drug was used only after more save ones probed to be ineffective. medicinal product in respect of which it was notified, and which has been used only where there are other inefficiency. Second, the complaint consistently pass a number of identical checks, all accessing the same conclusions. Third,a myriad of health-care workers were involved into this case distracting them from their main duties.
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Khatuayeva, Viktoriya Vladimirovna, and Kseniya Alekseyevna Soskova. "THE SYSTEM OF CRIMES AGAINST LIFE: DEVELOPMENT OF LEGISLATION TRENDS." Current Issues of the State and Law, no. 9 (2019): 45–54. http://dx.doi.org/10.20310/2587-9340-2019-3-9-45-54.
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The relevance of the study is due to the fact that at present it is possible to recognize crimes against life as one of the main threats to national security. The aim of research is to analyze the crimes system with considering object of assault, to identify trends in the development of the current criminal legislation. In this system, there are three subsystems of crimes, the object of which is human life: murder, infliction of death by negligence and incitement to suicide and related constituent elements of a crime. We give the criminal law characterization of murder as intended infliction of death to another person. It is stated that the infliction of death by negligence differs from murder only in the form of guilt. We support and justify the medical crimes structural separation. We give as an example the statistical data according to which every year on part 2 of article 109 of the Criminal Code of the Russian Federation from 65 to 126 people are condemned. It is indicated that it is impossible to establish the number of medical workers prosecuted for this crime. In addition, it is concluded that such statistics are not comparable with the number of complaints filed by patients in connection with inadequate medical care, as well as with data, for example, the Office of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) in the Voronezh Region on the frequency of discrepancies between clinical and pathological diagnoses, indicating a serious problem in the provision of medical care. We characterize the reformed institution of criminal liability for incitement to suicide. We made conclusion that the criminal law policy in the sphere of combating crimes against life is characterized by the expansion of the list of socially dangerous acts recognized as criminal.
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Kryzhevskyi, A. "CURRENT ISSUES OF IMPROVEMENT OF UKRAINIAN LEGISLATION IN THE FIELD OF HEALTHCARE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 49–53. http://dx.doi.org/10.17721/1728-2195/2021/2.117-9.
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The article is dedicated to the issues of legal medical sphere regulation in Ukraine. The purpose of the article is to study current issues of improving the Ukrainian legislation in the field of health care, to identify existing problems and outline the ways to solve them.The study of legal phenomena and legal categories was carried out through using general and special legal methods of cognition, namely: classification method, modeling, specific-statistical, systematical-structural, comparative-legal, formal-legal, dialectical and other methods of scientific analysis according to the research subject. Conclusions. The article asserts that for the effective reform of the medical sector and for sufficient protection of legal entities' rights and freedoms in the health care field, a high-quality regulatory framework is needed. It has been proven that the improvement of the current healthcare legislation is complicated by the complex essence of legal relations in this area and the lack of a clear and systematic approach. It is substantiated the expediency of passing the special consolidated legislative act with a clear internal structure – the Medical Code of Ukraine. The author proposes to amend provisions regulating the protection of personal data, epidemiological surveillance and infection control. The adoption of the law on medical self-government and development of modern industry standards for medical care is substantiated. The problems of industry staffing, as well as the lack of strategic documents for the training for health workers and imperfect instructions for managers of several health care institutions are analyzed. The author also identifies the main problems of personnel policy in the healthcare. The author specifies the necessity to unite the efforts of scientists and practitioners in the medicine and jurisprudence for solving all the individual problems on improving the regulatory framework in the field of health care. Keywords: medical reform, healthcare, regulatory act, legislation, Medical code, medical self-government, medical standard, COVID-19, declaration.
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Swartz, Martha. "The Patient Who Refuses Medical Treatment: A Dilemma for Hospitals and Physicians." American Journal of Law & Medicine 11, no. 2 (1985): 147–94. http://dx.doi.org/10.1017/s0098858800008674.
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AbstractThis Article reviews recent case and statutory law concerning patients who refuse medical treatment. Among the special cases considered are: 1) the competent adult patient who refuses treatment on religious or privacy grounds; 2) the incompetent patient whose own wishes were never expressed, but whose family refuses treatment; 3) the incompetent patient who expressed the wish not to be treated before becoming incompetent; and 4) parents who refuse treatment on behalf of their child.It is pointed out that recent court decisions have blurred the distinctions between “extradordinary” care and “ordinary” care and between withholding and withdrawing life-sustaining treatment. Reference is made to the recent trend toward allowing the family of an incompetent patient to assert the patient’s rights without court intervention either in the form of direct court order or through guardianship proceedings.Finally, the implications of these legal developments for health care institutions are discussed. A protocol pertaining to incompetent patients is proposed. Health care institutions are encouraged to develop formal policies for dealing with patients who refuse treatment, and to work with their professional associations in lobbying for legislation which will clarify the law in this area.
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Davidson, Hope. "The Vexed Question of the Voluntary Patient." European Journal of Health Law 26, no. 3 (June 19, 2019): 205–20. http://dx.doi.org/10.1163/15718093-12261426.
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Abstract The current statutory framework in Ireland provides certain key safeguards for people who are admitted involuntarily for mental health treatment and care; the same legislation makes scant reference to the person who seeks treatment and care on a voluntary basis. This has led to concerns in relation to deprivation of liberty and to non-consensual medical treatment for these patients. This article seeks to examine the development of the law in relation to voluntary patients in Ireland and to assess in light of recent developments where Ireland now stands in terms of protecting the right of the voluntary patient to liberty.
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Мограбян, Армине, and Armine Mograbyan. "Civil law aspects of the regulation of cosmetology services." Advances in Law Studies 6, no. 1 (May 24, 2018): 1. http://dx.doi.org/10.29039/article_5b06941aaec8c9.29946498.
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In the current legislation there is no concept of cosmetology services, in science there is also no consensus on their content. In connection with this, the author sets the goal to investigate this concept as a private-law category, to determine its content and specifics. The main methods of the study were a comparative legal method and a method of system analysis. Results of the study. A complex analysis of private legal acts containing norms regulating cosmetology services as well as relations arising in the course of their provision is carried out. Various scientific positions in the field under study are examined, and as a result, the content of cosmetological services is determined, and their classification is carried out. Based on the analysis of the current legislation in the field of health, the specificity and correlation of such categories as "cosmetology services" and "cosmetic services" are defined. The main feature of cosmetic services is revealed, which is connected not with violation of the integrity of the human skin, but only with hygienic care of the external appearance. As a result of the study, it was concluded that the object of regulation of both cosmetological and cosmetic services is the appearance of a person. But, despite the general object of regulation, these are different concepts, because cosmetology services, unlike cosmetic services, are a kind of medical. In addition, the author carried out a classification of cosmetology services, which include therapeutic (curative) and surgical (operational) services. Surgical services, in turn, are divided into the following varieties: mandatory, at the request of the patient, rehabilitation and reconstructive. Scope of the results obtained. The results of the research can be applied for the purposes of private legal regulation of relations that arise in the process of providing cosmetology services, when lecturing, developing educational and methodological aids in civil and medical law, teaching legal disciplines related to the activities of medical organizations, as well as in lawmaking when making changes in the current legislation.
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Komkova, G. N., and A. V. Basova. "Medical and legal problems of nursing children with extremely low body weight." Rossiyskiy Vestnik Perinatologii i Pediatrii (Russian Bulletin of Perinatology and Pediatrics) 65, no. 2 (May 15, 2020): 99–103. http://dx.doi.org/10.21508/1027-4065-2020-65-2-99-103.
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The authors analyzed the Russian legislation, scientific literature and law enforcement practice on the nursing of newborns with extremely low body weight. They used the normative legal acts, scientific articles and court decisions on this topic. There were identified the problems of legal regulation of medical care to newborns with extremely low body weight, as well as the facts of infringement of the rights of doctors in cases of mortality of such children. The authors concluded that the legal regulation of medical care for children with extremely low body weight requires further improvement, careful analysis by medical specialists, since from a legal point of view there is no balance between the interests of children born with extremely low body weight, their parents and doctors.
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Tippett, Troy M. "Health care reform 2009–2010: a neurosurgeon's perspective." Journal of Neurosurgery 113, no. 6 (December 2010): 1127–32. http://dx.doi.org/10.3171/2010.6.jns10930.
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Organized neurosurgery through its Washington Committee developed a number of principles against which all health care reform legislation was measured, and none of the bills were acceptable. The American Association of Neurological Surgeons/Congress of Neurological Surgeons (AANS/CNS) worked through multiple venues to modify or reject the legislation. In the author's view, the American Medical Association (AMA) supported the bills because its board of trustees was too focused on eliminating the sustainable growth rate, or SGR. Physicians failed to shape the health care debate. The leadership of many medical organizations was not prepared for the debate. Many had no experience in this arena and thus were too willing to let lobbyists dictate their position. In the future there are 3 things organized neurosurgery must do: be prepared, never give in, and stick with their principles. Organized neurosurgery must be prepared by developing leaders that have experience in the full spectrum of organized medicine. Neurosurgeons must not count on others, and because the specialty is small all must be involved. Neurosurgeons must never give in. Organized neurosurgery started 2009 with little support for its positions but by the end of the debate had convinced many other organizations, representing almost 500,000 physicians, to take their position. From an organizational point of view, neurosurgeons should now do 3 things: 1) reform or reject the AMA; 2) develop a real surgical coalition; and 3) change the current political environment. Neurosurgeons must also follow their principles. In the author's opinion the most important principles are: health care as a responsibility, medical liability reform, and the right to privately contract. In the United Kingdom and Germany, where health care is considered a right rather than a responsibility, bureaucratic entities determine whether you have the right to health care just as the Independent Payment Advisory Board, established under the new health care reform law in the US, will soon limit by rationing of health care under the guise of cutting costs. If, however, health care is a responsibility not a right, the obligation is shifted from society to the individual. It puts the patient and the doctor in charge. It is a far better mechanism to control costs and preserve quality without rationing. It becomes our obligation to have health care, and it puts us in charge of our destiny. Proven liability reform was not included in the health care legislation despite the fact that up to $200 billion per year is spent on defensive medicine. Another and possibly the most important principle ignored in the legislation is the right for a patient and his/her physician to privately contract under Medicare without penalty.
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Manchikanti, Laxmaiah. "Evolution of US Health Care Reform." Pain Physician 3, no. 20;3 (March 9, 2017): 107–10. http://dx.doi.org/10.36076/ppj.2017.110.
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Major health policy creation or changes, including governmental and private policies affecting health care delivery are based on health care reform(s). Health care reform has been a global issue over the years and the United States has seen proposals for multiple reforms over the years. A successful, health care proposal in the United States with involvement of the federal government was the short-lived establishment of the first system of national medical care in the South. In the 20th century, the United States was influenced by progressivism leading to the initiation of efforts to achieve universal coverage, supported by a Republican presidential candidate, Theodore Roosevelt. In 1933, Franklin D. Roosevelt, a Democrat, included a publicly funded health care program while drafting provisions to Social Security legislation, which was eliminated from the final legislation. Subsequently, multiple proposals were introduced, starting in 1949 with President Harry S Truman who proposed universal health care; the proposal by Lyndon B. Johnson with Social Security Act in 1965 which created Medicare and Medicaid; proposals by Ted Kennedy and President Richard Nixon that promoted variations of universal health care. presidential candidate Jimmy Carter also proposed universal health care. This was followed by an effort by President Bill Clinton and headed by first lady Hillary Clinton in 1993, but was not enacted into law. Finally, the election of President Barack Obama and control of both houses of Congress by the Democrats led to the passage of the Affordable Care Act (ACA), often referred to as “ObamaCare” was signed into law in March 2010. Since then, the ACA, or Obamacare, has become a centerpiece of political campaigning. The Republicans now control the presidency and both houses of Congress and are attempting to repeal and replace the ACA. Key words: Health care reform, Affordable Care Act (ACA), Obamacare, Medicare, Medicaid, American Health Care Act
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Kalliomaa-Puha, Laura. "Vanhuksen oikeus hoivaan ja omaisolettama." Gerontologia 31, no. 3 (October 11, 2017): 227–42. http://dx.doi.org/10.23989/gerontologia.63421.
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Jokaisella vanhuksella on Suomessa yksilöllinen, viime kädessä perustuslaissa taattu, oikeus riittävään hoivaan ja huolenpitoon. Silti tämä oikeus on usein käytännössä riippuvainen siitä, onko vanhalla ihmisellä omaisia tukenaan. Tässä artikkelissa tarkastellaan sitä, miten oikeus hoivaan ja hoitoon taataan lainsäädännössä. Omaisilla ei lain mukaan ole vastuuta hoivan järjestämisestä, mutta silti lainsäädäntö monessa kohdin ikään kuin olettaa omaisten olevan vanhuksen tukena. Vaikka omaiset usein ovatkin tukena, miten perusoikeus hoivaan ja huolenpitoon toteutuu niillä vanhuksilla, joilla ei ole omaisia? Artikkeli nostaa vakavimpana omaisolettaman riskinä esiin ne vanhukset, joilla on omaisia, mutta joiden omaiset eivät osaa tai halua auttaa.
Right to care and presumption of family and friends in the Finnish legislation
According to Finnish legislation the public authorities must guarantee adequate social, health and medical services for those old persons who cannot obtain means necessary for a life of dignity. Yet in practice this right to receive indispensable subsistence and care often depends on the fact whether the old person happens to have family or friends to help her or him. As if the legislation supposes there are friends and family to help, even though, according to Finnish law, family members do not have legal responsibility to take care of an elderly person. This article elaborates how the right to care is guaranteed in Finnish legislation and what the law says about the responsibilities of the family. Even though most of the relatives do help their elderlies, how is the right to care fulfilled for those old persons who do not have family? Perhaps the elderlies who have family and friends, which do not help or do not know how to, are in the most vulnerable situation.
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Zosymenko, Oleksandr. "Managed entry agreementsas a new legal framework for access to medicines." Theory and Practice of Intellectual Property, no. 2 (July 6, 2021): 40–45. http://dx.doi.org/10.33731/22021.236550.
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Key words: managed entry agreements, availability of medicines, original medicines,purchase of medicines, medicinal immunobiological drugs
The article concerns the new provisions of national legislativea legal mechanism for access to medicines, namely managed entry agreements. Theuse of managed entry agreements in European contract practice is widespread.Ukraine, in responding to the COVID-19 pandemic, has reviewed the legal mechanismsfor access to medicines contained in national legislation and had taken the firststeps towards implementing managed access agreements.Ukrainian legislation did not contain such a concept as a managed entry agreementby March 2020, and such agreement was never used in Ukrainian contract practicefor the purchase of medicines. On March 17, 2020, changes were made to the nationallegislation, namely the Law of Ukraine «On amendments to certain laws ofUkraine aimed at increasing the availability of medicines, medical products and theiraccessories, which are purchased by the person authorized to carry out purchases inthe field of health care» which were amended, in particular, to the Law of Ukraine«Fundamentals of the legislation of Ukraine on health care» and supplemented by article791 of which a managed entry agreement to national legislation was introduced.
The provision of Article 79-1 of the Fundamentals of the legislation of Ukraine onhealth care regarding the parties, subject matter, content of managed entry agreementsis analysed.January 27, 2021, the Cabinet of Ministers of Ukraine adopted a decision approvingthe procedure for the negotiation, execution, modification and termination ofmanaged entry agreement. A standard form of agreement for a managed entry agreementhas been approved. The managed entry agreements procedure has been introducedin Ukraine February 15, 2021.The legal and regulatory provisions concerning managed entry agreements havebeen analysed and highlighted their particularities.
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Ivanchenko, R. B., and V. A. Zaryaev. "Criminal Law Analysis of Iatrogenic Crimes and Practice of Applying the Norms of Criminal Law, Providing Responsibility for their Commission." Pravosudie / Justice 2, no. 3 (September 22, 2020): 33–61. http://dx.doi.org/10.37399/2686-9241.2020.3.33-61.
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Introduction. Caring for the health of citizens is the most important task of any state, and the article 41 of the Constitution of Russia directly establishes the right of everyone to protection of health and medical care. Despite the noble and humane mission that medical workers are called upon to carry out, helping people and saving their lives, the problem of medical errors (iatrogenic) leading to tragic consequences has clearly indicated its presence recently. The high public danger of such phenomena causes the need for their criminal law assessment. The problems that arise in this case are connected, first of all, with a diverse understanding of the essence of medical errors and iatrogenic crimes, the lack of uniformity in the application of the criminal law establishing liability for their commission. Theoretical Basis. Methods. The article is based on the analysis of Russian and foreign criminal, administrative, civil legislation, court sentences and decisions, scientific publications in Russian and foreign publications. In addition, expert opinions, doctrinal ideas and opinions on the topics of this work were used. In the process of preparing the article, a number of general scientific and private scientific research methods were used. Results. The article discusses issues related to the specifics of the criminal law assessment of acts committed by medical workers in the process of professional activity. The positions of specialists are given regarding the definition of this specific group of crimes, the author’s vision is formulated on the classification of specific socially dangerous acts as “iatrogenic”. The current legislation in the field of health care is examined, which makes it possible to concretize the terminology used in the articles of the Russian Criminal Code providing liability for iatrogenic crimes. The judicial-investigative practice of applying the indicated norms of the criminal law is analyzed, the problems of qualification of such acts are revealed. Discussion and Conclusion. In conclusion, the authors differentiate such concepts as “medical error”, “accident”, “iatrogenic crime”, determine that the deliberate commission of an iatrogenic crime should be assessed either according to the rules on the circumstances that exclude the criminal act, or as a general criminal act; designate a circle of crimes defined as “iatrogenic”; come to the conclusion that the solution to the problem of counteraction to iatrogenic crimes cannot be associated with the intensification or expansion of criminal repression.
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Ivanchenko, R. B., and V. A. Zaryaev. "Criminal Law Analysis of Iatrogenic Crimes and Practice of Applying the Norms of Criminal Law, Providing Responsibility for their Commission." Pravosudie / Justice 2, no. 3 (September 22, 2020): 33–61. http://dx.doi.org/10.37399/2686-9241.2020.3.33-61.
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Introduction. Caring for the health of citizens is the most important task of any state, and the article 41 of the Constitution of Russia directly establishes the right of everyone to protection of health and medical care. Despite the noble and humane mission that medical workers are called upon to carry out, helping people and saving their lives, the problem of medical errors (iatrogenic) leading to tragic consequences has clearly indicated its presence recently. The high public danger of such phenomena causes the need for their criminal law assessment. The problems that arise in this case are connected, first of all, with a diverse understanding of the essence of medical errors and iatrogenic crimes, the lack of uniformity in the application of the criminal law establishing liability for their commission. Theoretical Basis. Methods. The article is based on the analysis of Russian and foreign criminal, administrative, civil legislation, court sentences and decisions, scientific publications in Russian and foreign publications. In addition, expert opinions, doctrinal ideas and opinions on the topics of this work were used. In the process of preparing the article, a number of general scientific and private scientific research methods were used. Results. The article discusses issues related to the specifics of the criminal law assessment of acts committed by medical workers in the process of professional activity. The positions of specialists are given regarding the definition of this specific group of crimes, the author’s vision is formulated on the classification of specific socially dangerous acts as “iatrogenic”. The current legislation in the field of health care is examined, which makes it possible to concretize the terminology used in the articles of the Russian Criminal Code providing liability for iatrogenic crimes. The judicial-investigative practice of applying the indicated norms of the criminal law is analyzed, the problems of qualification of such acts are revealed. Discussion and Conclusion. In conclusion, the authors differentiate such concepts as “medical error”, “accident”, “iatrogenic crime”, determine that the deliberate commission of an iatrogenic crime should be assessed either according to the rules on the circumstances that exclude the criminal act, or as a general criminal act; designate a circle of crimes defined as “iatrogenic”; come to the conclusion that the solution to the problem of counteraction to iatrogenic crimes cannot be associated with the intensification or expansion of criminal repression.
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Mustafina, Lyaysan Renatovna, and Gulnara Mullanurovna Khamitova. "The Constitutional Right to Healthcare and Medical Care for Students in Schools: Chosen Aspects." Journal of Educational and Social Research 9, no. 4 (October 1, 2019): 53–57. http://dx.doi.org/10.2478/jesr-2019-0054.
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Abstract The problem of legislative entrancement and protection of students' rights in the sphere of healthcare is one of the most pressing. “Health is a state of complete physical, mental and social wellbeing; it is not a mere absence of ailments or physical defects”. The Russian Federation students often face declarative attitude in medical practice, he is often ignored, despite having rights (property or personal) and freedoms of accessing medical assistance. In order to introduce quality changes to the system of students' rights protection in Russia, this problem requires a complex solution. The right to healthcare and medical assistance is entrenched in the domestic legislation, foremost in the Russian Federation Constitution. The right to free medical care in compliance with the program of the state-guaranteed free medical assistance, as well as paid medical service and other services, is entrenched in Article 41. Along with it no less relevant and almost undeveloped is a problem of defining the legal status of the students. How do we define and protect the rights and freedoms of them as a part of the Russian Federation entrenched in the Russian Federation Constitution accurately? In developed countries approaches to forming a legal relationship of the medical organizations with the student's need for medical care changed significantly in the past years. Many world countries, starting from the XX 90th, carry out purposeful introducing the general principles of the students' rights, as well as other people's legal status entrenchment into their legislation, pay considerable attention to these rights’ implementation mechanisms. Thus, the problem of students' legal status, which complexity is predetermined by the law specifics, is one of the most difficultly resolved theoretical and practical issues in the sphere of medical-legal relationship. The present article is devoted to the analysis of specific aspects of this problem, authors offer a new approached to its resolution.
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Dalton-Oates, Bradley. "Medical translation: the neglected human right." International Journal of Human Rights in Healthcare 10, no. 4 (September 11, 2017): 228–38. http://dx.doi.org/10.1108/ijhrh-01-2017-0004.
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Purpose The purpose of this paper is to highlight that the lack of a specific right to a medical translator under International Law can be considered an outlier when viewed within the context of the copious legislation regarding translation in general. Given the lack of specific legislation guaranteeing the right to a medical translator under International Law, the paper further aims to highlight the resulting effects on medical providers and patients. Design/methodology/approach The paper opted for a detailed historical legal analysis regarding the history of translation under International Law in general, as well as specific international, intranational, and regional legislation regarding the right to a translator in medical settings. The data were complemented by a thorough review of documentary analysis of existing scholarship, detailing the experiences of medical providers and patients. Findings The paper provides insights as to how international legislators have traditionally viewed medical translation: whether as a matter of international relations, access to care, discrimination, or as a fundamental part of the Right to Health. The paper finds that differing views on the subject have result in nations, regions, and medical providers having great discretion in deciding which patients are provided with a translator. The paper finds that such decisions are often made on a basis other than that of patient health. Research limitations/implications Because the provisioning of translators in medical settings currently inevitably falls to a nation or single institution, research into which patients receive a translator and why lacks generalizability (because empirical data are not available for every region of the world). Researchers in future are encouraged to further develop the empirical evidence found in their regions with a more quantitative approach, documenting the non-provisioning of translators in their areas and categorizing the motives behind the decisions of medical providers in a given area. Practical implications The paper includes implications for patients who have suffered adverse events after miscommunication (or lack of communication) with their medical providers. The paper aims to investigate in what venue may they seek legal remedy, and on what grounds. The paper also has implications for national and regional governments. Given the lack of binding International Law regarding medical translation, national and regional governments attempt to guarantee the provisioning of translators to some patients and not others. Such decisions may become political and have unintended consequences for medical providers and patients alike. Social implications The paper includes implications for international legislators and national legislators. The paper also includes implications for medical providers and patients, as language barriers are becoming a more common feature in medical facilities around the world due to globalization and migration. The rate of patients suffering adverse events after not being provided with a competent medical interpreter is bound to rise. Originality/value This paper fulfills a need to examine medical translation in the context of other types of translation under International Law. This paper fulfills a need to study how the lack of specific International Legislation guaranteeing the right to medical translation has implications for national/regional legislators, medical providers, and patients alike. This paper fulfills a need to discuss the legal remedies available to patients who have suffered adverse medical events after not being able to communicate with their medical provider.
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Lund, Nelson. "Infanticide, Physicians, and the Law: The “Baby Doe” Amendments to the Child Abuse Prevention and Treatment Act." American Journal of Law & Medicine 11, no. 1 (1985): 1–29. http://dx.doi.org/10.1017/s0098858800009114.
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AbstractInfanticide, like most other species of homicide, is probably coeval with the human race itself. In modern Western civilization, what were formerly the most powerful incentives to infanticide have virtually disappeared. As with other social problems that affluence has seemed to solve, however, infanticide has reappeared in a new form that seems to have been made possible by affluence itself. This "new infanticide" occurs in a place whose very existence is the result of a tremendously wealthy society's devotion to its most vulnerable and least “useful” members. The modern neonatal intensive care unit, which treats, and often saves, extremely ill newborn children, who during most of history would surely have died, has proven to be a setting where many of the age-old incentives for infanticide have begun to operate again. The “new infanticide” consists of withholding food or needed medical treatment from selected infants who suffer from one or more serious, though treatable, medical problems. The national government has now enacted legislation designed to curtail the practice of infanticide by the medical profession. This paper traces the genesis of that legislation, explores the problem to which it is addressed, and evaluates its prospects for success.
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Vennell, Margaret A. Mcgregor. "Medical Research and Treatment: Ethical Standards in the International Context." Medical Law International 2, no. 1 (September 1995): 1–21. http://dx.doi.org/10.1177/096853329500200101.
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The paper considers the development of Codes of Health Research Ethics. It also considers the need for codes of ethics governing the provision of health care, and its relationship to research ethics. Is there a need for codes to regulate both research and treatment? Should the norms of the International Ethical Guidelines for Biomedical Research Involving Human Subjects (ClaMS) be incorporated into an International Convention which is binding on signatory states. The paper considers the rights of human subjects and patients to be fully informed about the research and treatment. How can the law or ethics protect this right? It considers whether New Zealand law and ethics measures up to the ClaMS Guidelines. The ClaMS Guidelines provide that any subject who is physically injured as a result of participating in research is entitled to receive financial or other assistance so as to compensate them equitably for any temporary or permanent disability. The paper looks at the effect of New Zealand legislation particularly the Accident Rehabilitation and Compensation Insurance Act 1992, and considers whether New Zealand is providing adequate compensation in compliance with the Guidelines.
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Ertel, Lyudmila. "Organizational and legal aspects of the quality of palliative care for cancer patients at the present stage." Glavvrač (Chief Medical Officer), no. 3 (March 1, 2020): 52–57. http://dx.doi.org/10.33920/med-03-2003-05.
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This article discusses some of results of the change in legislation governing the provision of palliative care for cancer patients. Patients are provided with medical and social services with consideration of their individual needs. Priority of social home services for patients remains when determining the form of social services. It is noted that some measures have been taken to organize affordable and high-quality palliative care to eliminate legislative and law-enforcement difficulties in the Russian Federation at the present stage.
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Akter, Khandakar Kohinur. "A Contextual Analysis of the Medical Negligence in Bangladesh: Laws and Practices." Northern University Journal of Law 4 (December 14, 2015): 67–81. http://dx.doi.org/10.3329/nujl.v4i0.25942.
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Medical negligence is a clear violation of right to health by a professional group who are actually on duty to protect when emergency strikes and the health rights are under threat. Medical negligence is lately a popular topic of attention and discussion in many developed states and consequently many of them have enacted and established separate Acts and courts to strengthen health care laws. However in Bangladesh there is no specific and comprehensive legislation to prevent medical negligence though many legal provisions are there under different statutes which are not precisely codified. This article in this background has made an effort to define medical negligence, present laws concerning medical negligence of Bangladesh with their major loopholes and lastly recommends some actions to come on strong preventing such violation of health-care rights.Northern University Journal of Law Vol.IV 2013; p.67-81
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Berchanskiy, Kirill Alekseevich. "Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law." Юридические исследования, no. 10 (October 2020): 27–51. http://dx.doi.org/10.25136/2409-7136.2020.10.34288.
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The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation – infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.
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Inions, Noela J. "The Right of Physicians to Refuse versus the Obligation of Physicians to Treat AIDS Patients." Healthcare Management Forum 2, no. 2 (July 1989): 24–30. http://dx.doi.org/10.1016/s0840-4704(10)61371-3.
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Discussion of the right of healthcare professions to refuse and the obligation to care for AIDS patients have recently generated considerable interest and dialogue. One component of this issue faced by hospitals is whether or not physicians have the right to refuse to treat AIDS patients. The corollary issue is whether or not physicians and hospitals have the obligation to treat and provide care to AIDS patients. Recent American medical ethical statements may influence future Canadian medical ethical positions for the treatment of AIDS patients. Principles derived from the common law and legislation are also examined.
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Helme, Tim. "“A Special Defence”: A Psychiatric Approach to Formalising Euthanasia." British Journal of Psychiatry 163, no. 4 (October 1993): 456–66. http://dx.doi.org/10.1192/bjp.163.4.456.
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Domestic and world opinion is gradually changing towards the idea of tolerating or even legalising active euthanasia. The implications of this are examined using Foulke's concept of the ‘levels' in group discussions. Psychiatrists have a unique experience in using the statutory mental health legislation, in addition to the ordinary law, to regulate medical care. A new ‘special defence’ is suggested, to be enacted by Parliament, intended to justify, but also designed to control, deliberate acts of medical euthanasia.