首页 > 最新文献

MEDICINE AND LAW最新文献

英文 中文
Domestic Violence During the COVID-19 Pandemic – Analysis of Legal Solutions Adopted by Selected European Countries 2019冠状病毒病大流行期间的家庭暴力——部分欧洲国家采取的法律解决方案分析
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.95-118.2021
Monika Wilanowska
Domestic violence imposes a serious threat to the safety of both individuals and society in general Experiencing domestic violence adversely affects the lives and health of victims in a particularly severe way Reports provided by states and organisations demonstrate that domestic violence has increased during the COVID-19 pandemic Governmental restrictions aimed at stopping the spread of the SARS-CoV-2 virus have had a negative impact on the victims of domestic violence, limiting their ability to benefit from the institutional support guaranteed by existing laws An analysis of the domestic violence prevention solutions implemented by selected European countries during the COVID-19 pandemic leads to the conclusion that states were not prepared for the social impact of the introduced restrictions, such as an increase in domestic violence cases Their measures mainly consist of establishing instructions for the functioning of certain institutions or guaranteeing the possibility of using the forms of assistance provided The legal solutions that many European legislators have enacted are insufficient No comprehensive strategies have been introduced to prevent this problem during the pandemic
遭受家庭暴力对受害者的生命和健康造成特别严重的不利影响国家和组织提供的报告表明,在2019冠状病毒病大流行期间,家庭暴力有所增加,政府为阻止SARS-CoV-2病毒传播而采取的限制措施对家庭暴力受害者产生了负面影响。对某些欧洲国家在2019冠状病毒病大流行期间实施的预防家庭暴力解决方案的分析得出的结论是,各国没有为引入的限制措施的社会影响做好准备;这些措施主要包括为某些机构的运作制定指示,或保证有可能利用所提供的各种援助形式。许多欧洲立法者制定的法律解决办法是不够的,在大流行病期间没有采取全面战略来防止这一问题
{"title":"Domestic Violence During the COVID-19 Pandemic – Analysis of Legal Solutions Adopted by Selected European Countries","authors":"Monika Wilanowska","doi":"10.18690/MLS.14.1.95-118.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.95-118.2021","url":null,"abstract":"Domestic violence imposes a serious threat to the safety of both individuals and society in general Experiencing domestic violence adversely affects the lives and health of victims in a particularly severe way Reports provided by states and organisations demonstrate that domestic violence has increased during the COVID-19 pandemic Governmental restrictions aimed at stopping the spread of the SARS-CoV-2 virus have had a negative impact on the victims of domestic violence, limiting their ability to benefit from the institutional support guaranteed by existing laws An analysis of the domestic violence prevention solutions implemented by selected European countries during the COVID-19 pandemic leads to the conclusion that states were not prepared for the social impact of the introduced restrictions, such as an increase in domestic violence cases Their measures mainly consist of establishing instructions for the functioning of certain institutions or guaranteeing the possibility of using the forms of assistance provided The legal solutions that many European legislators have enacted are insufficient No comprehensive strategies have been introduced to prevent this problem during the pandemic","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"20 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78002341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Legal Guarantees for the Protection of Public Health Against the Spread of Infectious Diseases - New Challenges and Threats 保护公众健康免受传染病传播的法律保障——新的挑战和威胁
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.77-94.2021
S. Czechowicz
Public health is considered a social value Effective laws are critical to achieving high levels of public health The legislature faces many challenges in protecting human life and health The COVID-19 pandemic is the best evidence of this Effective prevention of infectious diseases and epidemic threats should not escape the legislature's attention Both preventive measures and effective fight against already existing threats are essential for their elimination This work presents the results of research on the doctrine of public health and the legal guarantees of its protection The paper presents the most recent threats to human life and health associated with the spread of infectious diseases The paper also presents the results of statistical research on the effectiveness of the fight against the spread of infectious diseases
公共卫生被视为一种社会价值,有效的法律对实现高水平的公共卫生至关重要立法机构在保护人类生命和健康方面面临许多挑战COVID-19大流行就是最好的证据,有效预防传染病和流行病威胁不应逃避立法机构的关注,预防措施和有效打击已经存在的威胁对于消除这些威胁至关重要关于公共卫生原则及其保护法律保障的研究。本文介绍了与传染病传播有关的对人类生命和健康的最新威胁。本文还介绍了关于防治传染病传播的有效性的统计研究结果
{"title":"Legal Guarantees for the Protection of Public Health Against the Spread of Infectious Diseases - New Challenges and Threats","authors":"S. Czechowicz","doi":"10.18690/MLS.14.1.77-94.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.77-94.2021","url":null,"abstract":"Public health is considered a social value Effective laws are critical to achieving high levels of public health The legislature faces many challenges in protecting human life and health The COVID-19 pandemic is the best evidence of this Effective prevention of infectious diseases and epidemic threats should not escape the legislature's attention Both preventive measures and effective fight against already existing threats are essential for their elimination This work presents the results of research on the doctrine of public health and the legal guarantees of its protection The paper presents the most recent threats to human life and health associated with the spread of infectious diseases The paper also presents the results of statistical research on the effectiveness of the fight against the spread of infectious diseases","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"57 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82088578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The, Of, For, In The Use of Amicable Settlement for Resolving Medical Malparctice in Indonesia 在印度尼西亚,使用友好解决办法解决医疗事故的利弊
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.119-134.2021
M. Susila
Massive publicity on alleged medical malpractice cases has created hostile environment within the health care setting in Indonesia. The unexpected practice of defensive medicine would be possible in response to the rise of medical malpractice litigation. Although it has many negative implications, litigating medical malpractice dispute is preferable for many injured patients. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner. This paper aims at exploring the use of amicable settlement method for resolving medical malpractice disputes in Indonesia.
对所谓医疗事故案件的大规模宣传在印度尼西亚的医疗保健环境中造成了敌对环境。由于医疗事故诉讼的增加,防御性医疗的意外实践将成为可能。尽管有许多负面影响,但对许多受伤患者来说,提起医疗事故诉讼是可取的。应在印度尼西亚引进和促进争端解决机制,作为诉讼程序的替代办法,以期以更友好的方式向医疗事故受害者提供补救。本文旨在探讨在印度尼西亚使用友好解决方法来解决医疗事故纠纷。
{"title":"The, Of, For, In The Use of Amicable Settlement for Resolving Medical Malparctice in Indonesia","authors":"M. Susila","doi":"10.18690/MLS.14.1.119-134.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.119-134.2021","url":null,"abstract":"Massive publicity on alleged medical malpractice cases has created hostile environment within the health care setting in Indonesia. The unexpected practice of defensive medicine would be possible in response to the rise of medical malpractice litigation. Although it has many negative implications, litigating medical malpractice dispute is preferable for many injured patients. Dispute resolution mechanisms should be introduced and promoted in Indonesia as an alternative to the litigation process with hope of providing redress to victims of medical malpractice in a more amicable manner. This paper aims at exploring the use of amicable settlement method for resolving medical malpractice disputes in Indonesia.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"103 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78036111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Importance of labeling products with a GMO or non-GMO label 给产品贴上转基因或非转基因标签的重要性
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.43-76.2021
Katja Meško Kuralt
The article is based on publicly available data, namely on European legislation and on publicly available instructions or recommendations/guidelines dealing with the field of GMO labelling in Slovenia. Using a comparative research method, the importance of labelling GMO-free products and GMO-labelled products was analysed. The analysis is based on a comparison of the basic terms with each other (i.e., GMO-labelled products, non-GMO-labelled products), based on a review of the legal definition of the terms and based on control over the use of the terms. The purpose of this paper is to define an important difference between the two concepts, which is hidden and (or) not defined for most consumers.
这篇文章是基于公开可得的数据,即关于欧洲立法和关于斯洛文尼亚转基因生物标签领域的公开可得的指示或建议/准则。采用比较研究的方法,分析了无转基因产品和标记转基因产品标识的重要性。分析的基础是相互比较基本术语(即,标记为转基因生物的产品与非标记为转基因生物的产品),审查这些术语的法律定义,以及对这些术语使用的控制。本文的目的是定义这两个概念之间的一个重要区别,这个区别对大多数消费者来说是隐藏的和(或)没有定义的。
{"title":"The Importance of labeling products with a GMO or non-GMO label","authors":"Katja Meško Kuralt","doi":"10.18690/MLS.14.1.43-76.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.43-76.2021","url":null,"abstract":"The article is based on publicly available data, namely on European legislation and on publicly available instructions or recommendations/guidelines dealing with the field of GMO labelling in Slovenia. Using a comparative research method, the importance of labelling GMO-free products and GMO-labelled products was analysed. The analysis is based on a comparison of the basic terms with each other (i.e., GMO-labelled products, non-GMO-labelled products), based on a review of the legal definition of the terms and based on control over the use of the terms. The purpose of this paper is to define an important difference between the two concepts, which is hidden and (or) not defined for most consumers.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"8 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79668009","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Can a patient’s death go unpunished? 病人的死亡能不受惩罚吗?
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.135-152.2021
Dominika Bek, J. Hanc
A medical error resulting in a patient’s death is one of the most difficult experiences in the professional practice of medical personnel. A healthcare professional faces the suffering and grievances of the deceased patient's relatives and, at the same time, the prospect of legal liability including a criminal penalty and prohibition from practising a profession. This article attempts to address the issue of the necessity and usefulness of applying such far-reaching consequences in all cases of the patient's death caused through a fault attributable to a healthcare professional. It argues for the widest possible use of mediation in cases of medical error, in particular in criminal law cases. It focuses on reasonable expectations of the deceased patient’s family and the need for the improvement of standards of health protection in similar cases. This perspective makes it possible to conclude that a criminal penalty for the perpetrator of an error is not always in the public interest. As regards the possibility of using mediation in cases involving a medical error, this article refers to the Polish normative tradition, although the dilemma highlighted in its title is certainly of a universal and transnational nature.
在医务人员的专业实践中,导致病人死亡的医疗失误是最困难的经历之一。医护专业人员不仅要面对死者家属的痛苦和委屈,同时还要承担法律责任,包括刑事处罚和被禁止从事专业工作。本文试图解决在所有因医疗保健专业人员的过失而导致患者死亡的案件中应用这种影响深远的后果的必要性和有用性问题。它主张在医疗差错案件中,特别是在刑法案件中,尽可能广泛地使用调解。它的重点是死者家属的合理期望以及在类似情况下提高健康保护标准的必要性。从这个角度来看,有可能得出这样的结论:对犯错误的人进行刑事处罚并不总是符合公众利益。关于在涉及医疗差错的案件中使用调解的可能性,该条提到了波兰的规范传统,尽管其标题所强调的困境无疑具有普遍和跨国性质。
{"title":"Can a patient’s death go unpunished?","authors":"Dominika Bek, J. Hanc","doi":"10.18690/MLS.14.1.135-152.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.135-152.2021","url":null,"abstract":"A medical error resulting in a patient’s death is one of the most difficult experiences in the professional practice of medical personnel. A healthcare professional faces the suffering and grievances of the deceased patient's relatives and, at the same time, the prospect of legal liability including a criminal penalty and prohibition from practising a profession. This article attempts to address the issue of the necessity and usefulness of applying such far-reaching consequences in all cases of the patient's death caused through a fault attributable to a healthcare professional. It argues for the widest possible use of mediation in cases of medical error, in particular in criminal law cases. It focuses on reasonable expectations of the deceased patient’s family and the need for the improvement of standards of health protection in similar cases. This perspective makes it possible to conclude that a criminal penalty for the perpetrator of an error is not always in the public interest. \u0000As regards the possibility of using mediation in cases involving a medical error, this article refers to the Polish normative tradition, although the dilemma highlighted in its title is certainly of a universal and transnational nature.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"1 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76142229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Social Marketing Challenges in Western Balkans: Evidence From Kosovo 西巴尔干地区的社会营销挑战:来自科索沃的证据
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.153-172.202
Visar Rrustemi, D. Mladenović, Gezim Jusufi
In a global world, doing business in heavy industry is becoming a concern to the environment. The need for production, export, and consumption under these circumstances has come as a challenge for marketers, consumers and surrounding residential population. The Western Balkan countries include Albania, Bosnia and Herzegovina, North Macedonia, Serbia, Montenegro and Kosovo. Kosovo has witnessed a considerable economic transformation during recent years, but is has fallen short of considering and implementing a strategy for the preservation of the environment. Kosovo is relatively rich with underground and surface resources, having large quantities of minerals and coal. But despite this, Kosovo continues to be the most underdeveloped country in the region. Exploiting these resources can have a great impact on economic growth and with it, consumer needs are more satisfied. Social marketing has a major impact on the activities of businesses in these areas and ensures that these businesses operate in accordance with certain rules and laws. This would also help in matters of general health of the population. Through Pearson's correlation and case studies, recommendations and conclusions will be given on the studied topic. The results show that there are positive and negative relationships between the variables which are significant.
在一个全球化的世界里,从事重工业的商业活动正成为人们关注的环境问题。在这种情况下,生产、出口和消费的需求对营销商、消费者和周边居民构成了挑战。西巴尔干国家包括阿尔巴尼亚、波斯尼亚和黑塞哥维那、北马其顿、塞尔维亚、黑山和科索沃。科索沃近年来经历了相当大的经济转型,但它没有考虑和执行一项保护环境的战略。科索沃地下和地表资源相对丰富,拥有大量的矿产和煤炭。但尽管如此,科索沃仍然是该地区最不发达的国家。开发这些资源可以对经济增长产生巨大影响,从而更好地满足消费者的需求。社会营销对这些领域的企业活动有重大影响,并确保这些企业按照一定的规则和法律运作。这也将有助于人口的一般健康问题。通过皮尔逊的相关性和案例研究,建议和结论将给出对研究课题。结果表明,各变量之间存在显著的正、负相关关系。
{"title":"Social Marketing Challenges in Western Balkans: Evidence From Kosovo","authors":"Visar Rrustemi, D. Mladenović, Gezim Jusufi","doi":"10.18690/MLS.14.1.153-172.202","DOIUrl":"https://doi.org/10.18690/MLS.14.1.153-172.202","url":null,"abstract":"In a global world, doing business in heavy industry is becoming a concern to the environment. The need for production, export, and consumption under these circumstances has come as a challenge for marketers, consumers and surrounding residential population. The Western Balkan countries include Albania, Bosnia and Herzegovina, North Macedonia, Serbia, Montenegro and Kosovo. Kosovo has witnessed a considerable economic transformation during recent years, but is has fallen short of considering and implementing a strategy for the preservation of the environment. Kosovo is relatively rich with underground and surface resources, having large quantities of minerals and coal. But despite this, Kosovo continues to be the most underdeveloped country in the region. Exploiting these resources can have a great impact on economic growth and with it, consumer needs are more satisfied. Social marketing has a major impact on the activities of businesses in these areas and ensures that these businesses operate in accordance with certain rules and laws. This would also help in matters of general health of the population. Through Pearson's correlation and case studies, recommendations and conclusions will be given on the studied topic. The results show that there are positive and negative relationships between the variables which are significant.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"18 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76596191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Vaccines Immunize People; Legislation Immunizes Vaccine Manufacturers. Legislation in the United States Regulating Liability for the Manufacture, Distribution and Administration of Vaccines 疫苗使人免疫;立法使疫苗制造商免疫。美国规范疫苗生产、销售和管理责任的立法
IF 0.2 Q4 LAW Pub Date : 2021-04-23 DOI: 10.18690/MLS.14.1.1-42.2021
T. Heller
Infectious diseases have caused widespread misery, and have wreaked havoc physically, mentally, economically, politically, and socially. Fortunately, in more recent years, scientists have developed vaccines. Vaccines are generally very safe, but cause side effects in a small percentage of cases. The United States Congress has passed two major pieces of legislation that provide sweeping tort immunity to vaccine manufacturers and others. In 1986 Congress passed the National Childhood Vaccine Injury Act (NCVIA) and in 2005 it passed the Public Readiness and Emergency Preparedness Act (PREP ACT). Both Acts were passed to encourage manufacturers to develop vaccines, particularly in times of public emergencies, in exchange for expansive liability protection. Both Acts established no-fault type compensation schemes to compensate those suffering injury or death from vaccines without having to resort to typical litigation. The author discusses both Acts in detail, in the context of the current Covid-19 crisis.
传染病造成了广泛的痛苦,并对身体、精神、经济、政治和社会造成了严重破坏。幸运的是,近年来,科学家已经研制出疫苗。疫苗通常是非常安全的,但在少数情况下会产生副作用。美国国会通过了两项主要立法,为疫苗制造商和其他机构提供全面的侵权豁免。1986年,国会通过了《国家儿童疫苗伤害法案》(NCVIA), 2005年又通过了《公共准备和应急准备法案》(PREP Act)。这两项法案的通过都是为了鼓励制造商开发疫苗,特别是在公共紧急情况下,以换取广泛的责任保护。这两项法案都确立了无过错型赔偿计划,以补偿因疫苗而受伤或死亡的人,而不必诉诸典型的诉讼。作者在当前Covid-19危机的背景下详细讨论了这两项法案。
{"title":"Vaccines Immunize People; Legislation Immunizes Vaccine Manufacturers. Legislation in the United States Regulating Liability for the Manufacture, Distribution and Administration of Vaccines","authors":"T. Heller","doi":"10.18690/MLS.14.1.1-42.2021","DOIUrl":"https://doi.org/10.18690/MLS.14.1.1-42.2021","url":null,"abstract":"Infectious diseases have caused widespread misery, and have wreaked havoc physically, mentally, economically, politically, and socially. Fortunately, in more recent years, scientists have developed vaccines. Vaccines are generally very safe, but cause side effects in a small percentage of cases. The United States Congress has passed two major pieces of legislation that provide sweeping tort immunity to vaccine manufacturers and others. In 1986 Congress passed the National Childhood Vaccine Injury Act (NCVIA) and in 2005 it passed the Public Readiness and Emergency Preparedness Act (PREP ACT). Both Acts were passed to encourage manufacturers to develop vaccines, particularly in times of public emergencies, in exchange for expansive liability protection. Both Acts established no-fault type compensation schemes to compensate those suffering injury or death from vaccines without having to resort to typical litigation. The author discusses both Acts in detail, in the context of the current Covid-19 crisis.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"31 1","pages":"1-42"},"PeriodicalIF":0.2,"publicationDate":"2021-04-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81675311","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Standards of Proof in Medical Malpractice Cases 医疗事故案件的举证标准
IF 0.2 Q4 LAW Pub Date : 2020-10-29 DOI: 10.18690/mls.13.2.173-196.2020
Nina Cek
The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.
本文探讨医疗事故案件的程序问题。它首先解释斯洛文尼亚法律制度的特点,然后将其与德国和英国的法律制度进行比较,重点讨论证明标准的差异。提交人阐明了欧盟法院在产品(疫苗)制造商责任问题上的做法,并提出了使用更广泛的框架来评估证据和假设的方向。鉴于通过医学专家的帮助进行证明所暴露的问题,该条强调了在民事诉讼中尊重人权的重要性。还特别强调了无过错制度,并提出了一个问题,即在斯洛文尼亚法律制度中引入这种制度将如何影响证明医疗错误和知情同意遗漏的已知问题。
{"title":"The Standards of Proof in Medical Malpractice Cases","authors":"Nina Cek","doi":"10.18690/mls.13.2.173-196.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.173-196.2020","url":null,"abstract":"The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"79 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90504407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Salaries of Healthcare Professionals in the Republic of Croatia 克罗地亚共和国保健专业人员的工资
IF 0.2 Q4 LAW Pub Date : 2020-10-29 DOI: 10.18690/mls.13.2.105-122.2020
Ante Klarić, Marina Švaganović, M. Cvitković
Salaries of healthcare professionals in the Republic of Croatia are regulated by a series of laws and regulations. A series of regulations defining the salaries and substantive rights of healthcare professionals cannot provide a clear, uniform and complete approach to regulating the subject matter of the law. In addition to the aforementioned issues of employment status, healthcare professionals originate from a standard that is similar and common to all public servants. In doing so, the legislature does not differentiate between a healthcare professional and his profession from an activity that deals with the protection of fundamental human values: the life and health of the individual. It is these core values that should inform not only governmental regulation of salaries and wages but also all other substantive rights, as a pledge for the smooth performance of such a highly responsible service through a clear, unambiguous and norm to precise them.
克罗地亚共和国保健专业人员的工资受一系列法律和条例的管制。界定医疗保健专业人员的工资和实质性权利的一系列条例不能提供一个明确、统一和完整的办法来规范法律的主题。除了上述的就业状况问题外,保健专业人员的标准与所有公务员的标准相似且相同。在这样做时,立法机构没有将保健专业人员及其职业与涉及保护基本人类价值:个人生命和健康的活动区分开来。正是这些核心价值,不仅应该指导政府对薪金和工资的规定,而且应该指导所有其他实质性权利,作为通过明确、明确和规范来精确执行这种高度负责的服务的保证。
{"title":"Salaries of Healthcare Professionals in the Republic of Croatia","authors":"Ante Klarić, Marina Švaganović, M. Cvitković","doi":"10.18690/mls.13.2.105-122.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.105-122.2020","url":null,"abstract":"Salaries of healthcare professionals in the Republic of Croatia are regulated by a series of laws and regulations. A series of regulations defining the salaries and substantive rights of healthcare professionals cannot provide a clear, uniform and complete approach to regulating the subject matter of the law. In addition to the aforementioned issues of employment status, healthcare professionals originate from a standard that is similar and common to all public servants. In doing so, the legislature does not differentiate between a healthcare professional and his profession from an activity that deals with the protection of fundamental human values: the life and health of the individual. It is these core values that should inform not only governmental regulation of salaries and wages but also all other substantive rights, as a pledge for the smooth performance of such a highly responsible service through a clear, unambiguous and norm to precise them.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"23 1","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76253173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Constitutional Right to Health Protection in Belarus 白俄罗斯宪法规定的健康保护权
IF 0.2 Q4 LAW Pub Date : 2020-10-29 DOI: 10.18690/mls.13.2.217-236.2020
A. Shupitskaya
The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.
本文分析了《白俄罗斯国家基本法》即《白俄罗斯宪法》所规定的宪法权利————保护健康的权利。研究的目的是分析在现代白俄罗斯实施健康权的相关法律法规和相关问题。该文件将审查白俄罗斯健康权的宪法基础、其本质和性质、规范所分析权利的规范性法律行为、根据白俄罗斯国家现状实施健康权的问题和前景。作者认为,宪法法律原则和宪法法律规范是健康权的基础,并揭示了所分析的健康权的本质。结论证实了这样一种观点,即在白俄罗斯共和国各国家机构通过的规范性法律行为一级对健康权进行了详细规定。实现健康权的状况取决于社会经济、政治和其他因素。研究人员指出了与保障健康权有关的一些问题,并分析了白俄罗斯共和国进一步发展健康权的前景。
{"title":"The Constitutional Right to Health Protection in Belarus","authors":"A. Shupitskaya","doi":"10.18690/mls.13.2.217-236.2020","DOIUrl":"https://doi.org/10.18690/mls.13.2.217-236.2020","url":null,"abstract":"The article analyzes the constitutional right enshrined in the Fundamental law of the Belarusian state, its Constitution, - the right to health protection. The purpose of the research is to analyze the relevant legal regulations and the problems associated with implementing the right to health protection in the modern Belarus. The paper will examine the constitutional basis of the right to health protection in Belarus, its essence and nature, normative legal acts regulating the analyzed right, problems and prospects of its implementation in light of the current conditions of the Belarusian state. The author considers the constitutional legal principles and constitutional legal norms as the basis of the right to health protection and reveals the essence of the analyzed right. The conclusion substantiates the idea that detailed regulation of the right to health protection is carried out at the level of normative legal acts of the Republic of Belarus adopted by various state bodies. The state of realization of the right to health protection is determined by socio-economic, political and other factors. Identifying a number of problems related to ensuring the right to health protection, the researcher analyzes the prospects for its further development in the Republic of Belarus.","PeriodicalId":54182,"journal":{"name":"MEDICINE AND LAW","volume":"14 7","pages":""},"PeriodicalIF":0.2,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72412323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
期刊
MEDICINE AND LAW
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1