Pub Date : 2022-10-13DOI: 10.25040/medicallaw2022.02.009
A. Exter
Applications of AI technology are being developed in healthcare. The prospects for the deployment of targeted AI applications in medical treatment, clinical trials, drug research, and public health are promising and groundbreaking. But the deployment of these new technologies in healthcare also raises legal questions, especially from a human rights perspective. This contribution therefore focuses on the human rights analysis of AI applications in healthcare and how these applications relate to the Oviedo Convention.
{"title":"ARTIFICIAL INTELLIGENCE IN HEALTH CARE AND THE OVIEDO CONVENTION","authors":"A. Exter","doi":"10.25040/medicallaw2022.02.009","DOIUrl":"https://doi.org/10.25040/medicallaw2022.02.009","url":null,"abstract":"Applications of AI technology are being developed in healthcare. The prospects for the deployment of targeted AI applications in medical treatment, clinical trials, drug research, and public health are promising and groundbreaking. \u0000But the deployment of these new technologies in healthcare also raises legal questions, especially from a human rights perspective. This contribution therefore focuses on the human rights analysis of AI applications in healthcare and how these applications relate to the Oviedo Convention.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48861943","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}
Pub Date : 2022-10-13DOI: 10.25040/medicallaw2022.02.049
A. Lytvynenko
The legal aspects of healthcare in the Lviv oblast during the time it was under the reign of Second Rzeczpospolita Polska (1919–1939) remain underinvestigated. Alongside with the rise of lawyers’ and scholars’ attention to the aspects of history of medical law and the protection of patients’ rights, the question of disputes in the sphere of healthcare in various time periods (i.e. medical practitioners’ malpractice, lawsuits against hospital sickness funds, as legal entities because of negligence of the hospital sickness fund physicians, occurring within the provision of medical treatment, or conducting medical treatment without the patient’s consent etc.) has undoubtedly risen. The history of medical law of Ukraine remains underinvestigated. The practice of the courts operating in the Lviv oblast in 1919–1939 in cases on medical practitioners’ malpractice has yet not become the object of the research of Ukrainian scholars to date, analogically to the period, when the Lviv oblast was under the reign of the Austrian-Hungarian Empire in 1867–1918, or even in earlier times. The practice of the courts of the Lviv oblast in cases on medical practitioners’ malpractice in the period of 1919–1939 illustratively displays that civil lawsuits relating to medical malpractice were not rare ones. What is more, the court practice of those days featured criminal trials against medical practitioners for committing severe negligence, or illegitimate abortions. For a more complex understanding of medical practitioners in Austrian-Hungarian law by the reader, we will provide a brief explanation relating to it as well, in particular, on basis of those-days case law.
{"title":"The Practice of Lviv District Court and the Lviv Court of Appeals in Cases on Medical Practitioner’s Malpractice in 1919–1939","authors":"A. Lytvynenko","doi":"10.25040/medicallaw2022.02.049","DOIUrl":"https://doi.org/10.25040/medicallaw2022.02.049","url":null,"abstract":"The legal aspects of healthcare in the Lviv oblast during the time it was under the reign of Second Rzeczpospolita Polska (1919–1939) remain underinvestigated. Alongside with the rise of lawyers’ and scholars’ attention to the aspects of history of medical law and the protection of patients’ rights, the question of disputes in the sphere of healthcare in various time periods (i.e. medical practitioners’ malpractice, lawsuits against hospital sickness funds, as legal entities because of negligence of the hospital sickness fund physicians, occurring within the provision of medical treatment, or conducting medical treatment without the patient’s consent etc.) has undoubtedly risen. The history of medical law of Ukraine remains underinvestigated. The practice of the courts operating in the Lviv oblast in 1919–1939 in cases on medical practitioners’ malpractice has yet not become the object of the research of Ukrainian scholars to date, analogically to the period, when the Lviv oblast was under the reign of the Austrian-Hungarian Empire in 1867–1918, or even in earlier times. The practice of the courts of the Lviv oblast in cases on medical practitioners’ malpractice in the period of 1919–1939 illustratively displays that civil lawsuits relating to medical malpractice were not rare ones. What is more, the court practice of those days featured criminal trials against medical practitioners for committing severe negligence, or illegitimate abortions. For a more complex understanding of medical practitioners in Austrian-Hungarian law by the reader, we will provide a brief explanation relating to it as well, in particular, on basis of those-days case law.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48188869","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}
Pub Date : 2022-10-13DOI: 10.25040/medicallaw2022.02.075
O. V. Khudoshyna
The peculiarities of the implementation of economic activity of medical practice in Ukraine during the period of a military situation were analysed. It has been proved that the economic activity of medical practice in the martial law is a separate special treatment of management which establishes a particular order for the organisation and carries out of business activity in a certain territory or in a definite industry of the economy, which differs from the general mode of economic activity that is provided by the legislation. It is emphasized the need to create a permanent communication platform that will allow taking into account state requirements and numerous proposals and remarks of the medical community, lawyers, organizations and experts regarding the conduct of economic activity from medical practice during the period of martial law.
{"title":"Peculiarities of the Business of Medical Practice in Ukraine During the Period of Marital Status","authors":"O. V. Khudoshyna","doi":"10.25040/medicallaw2022.02.075","DOIUrl":"https://doi.org/10.25040/medicallaw2022.02.075","url":null,"abstract":"The peculiarities of the implementation of economic activity of medical practice in Ukraine during the period of a military situation were analysed. It has been proved that the economic activity of medical practice in the martial law is a separate special treatment of management which establishes a particular order for the organisation and carries out of business activity in a certain territory or in a definite industry of the economy, which differs from the general mode of economic activity that is provided by the legislation. It is emphasized the need to create a permanent communication platform that will allow taking into account state requirements and numerous proposals and remarks of the medical community, lawyers, organizations and experts regarding the conduct of economic activity from medical practice during the period of martial law.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47084249","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}
Pub Date : 2022-10-13DOI: 10.25040/medicallaw2022.02.064
Y. О. Trynyova
The author depicted the problem of discrepancy of the acting Ukrainian legislation in the sphere of the legal regulation of scientific research in one of the heading principles and standards of the EU law-making, namely the principle of the rule of law. The author has conducted an analysis of the national legislation and compared it with the international law in the afore-mentioned sphere, and has found out a number of divergences. Hence, the author has proposed the methods of solving the said legal problem, namely the author has chosen the most sufficient and actionable method of fulfilling the unification of legal terminology in the acting national legislation, and as a result, its adaptation to international law. The author finds it concordant to perform a number of changes to a chain of laws and bylaws, which are acting in Ukraine. Similar changes testify that the Ukrainian legislator fulfills the principle of the rule of law, especially one of its’ key features – namely, the legal certainty, clarity and non-ambiguity of the legal norm.
{"title":"The Principle of the Rule of Law Is An Attribute of the Modern Legislation Reform","authors":"Y. О. Trynyova","doi":"10.25040/medicallaw2022.02.064","DOIUrl":"https://doi.org/10.25040/medicallaw2022.02.064","url":null,"abstract":"The author depicted the problem of discrepancy of the acting Ukrainian legislation in the sphere of the legal regulation of scientific research in one of the heading principles and standards of the EU law-making, namely the principle of the rule of law. The author has conducted an analysis of the national legislation and compared it with the international law in the afore-mentioned sphere, and has found out a number of divergences. Hence, the author has proposed the methods of solving the said legal problem, namely the author has chosen the most sufficient and actionable method of fulfilling the unification of legal terminology in the acting national legislation, and as a result, its adaptation to international law. The author finds it concordant to perform a number of changes to a chain of laws and bylaws, which are acting in Ukraine. Similar changes testify that the Ukrainian legislator fulfills the principle of the rule of law, especially one of its’ key features – namely, the legal certainty, clarity and non-ambiguity of the legal norm.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43086032","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}
Pub Date : 2022-04-15DOI: 10.25040/medicallaw2022.01.026
I. Senyuta
The peculiarities of the implementation of the constitutional right to health care, medical assistance and medical insurance in martial law are clarified and the limits of its implementation are highlighted. It is established that according to the legislation of Ukraine in the conditions of the imposed martial law, the right guaranteed in Art. 49 of the Constitution of Ukraine, is not subject to restriction due to the absence in the list of constitutional rights that are subject to restriction in Presidential Decree № 64/2022. The normative regulation of the procedure for involvement of the doctors and other foreign health workers and stateless persons in the provision of assistance to victims who come to health care facilities, which is full of regulatory conflicts and controversies, has been studied. It is established that only those health care institutions whose organizational and legal form is communal institutions have the right to involve foreign or stateless medical workers in volunteering. The responsibilities of the municipal institutions that involved medical volunteers in their activities have been crystallized, namely: a) to inform the National Social Service of Ukraine in written form within five working days from the moment of involving foreigners and stateless persons in volunteering; b) to inform the Ministry of Health of Ukraine about the involvement of doctors and other foreign and stateless persons in providing assistance to the victims; c) to notify the State Migration Service of Ukraine within five working days in case of termination of volunteering by a foreigner or a stateless person. It has been established that the victims who come to health care facilities are patients by their legal status, so they retain all the guarantees provided by the legislation of Ukraine. In addition, patients under the Law of Ukraine «On Volunteering» in extrapolation to the field of medical care have the right for: a) respectful and humane treatment by volunteers and organizations and institutions that involve volunteers in their activities; b) receiving information about their rights, responsibilities and conditions for providing volunteer assistance; c) observance of the legal regime of information with limited access, i.e. observance of the right to secrecy about the health status; d) selection of volunteers and organizations and institutions that involve volunteers in their activities, forms of volunteer assistance; e) protection of their rights and legitimate interests in accordance with the law.
{"title":"Peculiarities of the Dynamics of Medical Relations in Medical Law: Certain Aspects","authors":"I. Senyuta","doi":"10.25040/medicallaw2022.01.026","DOIUrl":"https://doi.org/10.25040/medicallaw2022.01.026","url":null,"abstract":"The peculiarities of the implementation of the constitutional right to health care, medical assistance and medical insurance in martial law are clarified and the limits of its implementation are highlighted. It is established that according to the legislation of Ukraine in the conditions of the imposed martial law, the right guaranteed in Art. 49 of the Constitution of Ukraine, is not subject to restriction due to the absence in the list of constitutional rights that are subject to restriction in Presidential Decree № 64/2022. The normative regulation of the procedure for involvement of the doctors and other foreign health workers and stateless persons in the provision of assistance to victims who come to health care facilities, which is full of regulatory conflicts and controversies, has been studied. It is established that only those health care institutions whose organizational and legal form is communal institutions have the right to involve foreign or stateless medical workers in volunteering. The responsibilities of the municipal institutions that involved medical volunteers in their activities have been crystallized, namely: a) to inform the National Social Service of Ukraine in written form within five working days from the moment of involving foreigners and stateless persons in volunteering; b) to inform the Ministry of Health of Ukraine about the involvement of doctors and other foreign and stateless persons in providing assistance to the victims; c) to notify the State Migration Service of Ukraine within five working days in case of termination of volunteering by a foreigner or a stateless person. It has been established that the victims who come to health care facilities are patients by their legal status, so they retain all the guarantees provided by the legislation of Ukraine. In addition, patients under the Law of Ukraine «On Volunteering» in extrapolation to the field of medical care have the right for: a) respectful and humane treatment by volunteers and organizations and institutions that involve volunteers in their activities; b) receiving information about their rights, responsibilities and conditions for providing volunteer assistance; c) observance of the legal regime of information with limited access, i.e. observance of the right to secrecy about the health status; d) selection of volunteers and organizations and institutions that involve volunteers in their activities, forms of volunteer assistance; e) protection of their rights and legitimate interests in accordance with the law.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47524416","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}
Pub Date : 2022-04-15DOI: 10.25040/medicallaw2022.01.019
L. Jafarova
Bioethical principles are considered in the prism of the UNESCO Universal Declaration on Bioethics and Human rights in the paper. Analyzing the modern activities of global organizations, the author comes to the conclusion about the internationalization of principles as a tool in shaping the activities of international structures such as UNESCO, the EU, etc. Considering the similarities and differences in profile structures, the author comes to the conclusion about the significance of the universal bioethical principles of UNESCO from the point of view of unification of health care systems around the world.
{"title":"ACTIVITIES OF INTERNATIONAL ORGANIZATIONS IN THE DEVELOPMENT AND IMPLEMENTATION OF UNIVERSAL BIOETHICAL PRINCIPLES IN HEALTH","authors":"L. Jafarova","doi":"10.25040/medicallaw2022.01.019","DOIUrl":"https://doi.org/10.25040/medicallaw2022.01.019","url":null,"abstract":"Bioethical principles are considered in the prism of the UNESCO Universal Declaration on Bioethics and Human rights in the paper. Analyzing the modern activities of global organizations, the author comes to the conclusion about the internationalization of principles as a tool in shaping the activities of international structures such as UNESCO, the EU, etc. Considering the similarities and differences in profile structures, the author comes to the conclusion about the significance of the universal bioethical principles of UNESCO from the point of view of unification of health care systems around the world.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45426131","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}
Pub Date : 2022-04-15DOI: 10.25040/medicallaw2022.01.009
I. O. Bogomazova
Consideration of the Law of Ukraine «On the use of transplantation of anatomical materials to humans» № 2427-VIII through the prism of the Guidelines allows to demonstrate their genetic links, and thus opens the logic of the historical development of transplantation legislation in Ukraine. A comparative analysis of the text of the Guiding Principles and the Law gives grounds to claim that a set of legal means was used for the implementation of the former by the legislator, namely various forms of transformation and reception. It should be noted that the implementation of the Guidelines has not been fully implemented due to the national legislator's rejection of the idea of emotional connection between donor and recipient as a basis that legitimizes medical intervention. The rest of the provisions of the Law provide a level of guarantees that meet, and in part exceed, that set out in the Guidelines.
{"title":"On the Implementation of the WHO Guiding Principles on Human Cell, Tissue and Organ Transplantation","authors":"I. O. Bogomazova","doi":"10.25040/medicallaw2022.01.009","DOIUrl":"https://doi.org/10.25040/medicallaw2022.01.009","url":null,"abstract":"Consideration of the Law of Ukraine «On the use of transplantation of anatomical materials to humans» № 2427-VIII through the prism of the Guidelines allows to demonstrate their genetic links, and thus opens the logic of the historical development of transplantation legislation in Ukraine. \u0000A comparative analysis of the text of the Guiding Principles and the Law gives grounds to claim that a set of legal means was used for the implementation of the former by the legislator, namely various forms of transformation and reception. It should be noted that the implementation of the Guidelines has not been fully implemented due to the national legislator's rejection of the idea of emotional connection between donor and recipient as a basis that legitimizes medical intervention. The rest of the provisions of the Law provide a level of guarantees that meet, and in part exceed, that set out in the Guidelines.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42457336","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}
Pub Date : 2022-04-15DOI: 10.25040/medicallaw2022.01.049
Urkevich Tatjana Ivanivna, A. Lytvynenko
The article represents the history, emergence and the contemporary state of development of the legal doctrine of the patient’s informed consent to medical interventions in Czech Republic, Austria and the Latvian Republic. The authors focus on the vaults of the doctrine of the doctor’s obligation to abstain from conducting any medical interventions without the consent, or against the will of the patient, since the expression of the patient’s will is the central element of his right to self-determination. In order to discover the main features of informed consent in the civil law perspective, the authors discuss the historical and current legal developments of the legal institute of patient’s informed consent. The authors conclude that the formation of the institute owes to the right to body integrity and limitation of the exercise of medical profession by practitioners, and that the civil law doctrine of informed consent differs from Anglo-American tort law, relying on statutory-based civil liability for negligence, as well as minor penal liability for battery, an occasional interpretation of unauthorized medical intervention. The authors emphasize, that the existing bodies of Austrian, Czech and Latvian case law relating to informed consent, which span for over a century, are sufficient to become a branch of Continental medical malpractice case law alongside with aged and well-developed French or Belgian medical jurisprudence, whereas the Latvian medical jurisprudence, despite having a rich history of emergence since the 1920s, has developed a solid body of case law in regard with patient’s rights relatively recently.
{"title":"THE DOCTRINE OF PATIENT’S INFORMED CONSENT IN THE LEGISLATION AND JURISPRUDENCE OF CZECH REPUBLIC, AUSTRIA AND THE LATVIAN REPUBLIC","authors":"Urkevich Tatjana Ivanivna, A. Lytvynenko","doi":"10.25040/medicallaw2022.01.049","DOIUrl":"https://doi.org/10.25040/medicallaw2022.01.049","url":null,"abstract":"The article represents the history, emergence and the contemporary state of development of the legal doctrine of the patient’s informed consent to medical interventions in Czech Republic, Austria and the Latvian Republic. The authors focus on the vaults of the doctrine of the doctor’s obligation to abstain from conducting any medical interventions without the consent, or against the will of the patient, since the expression of the patient’s will is the central element of his right to self-determination. In order to discover the main features of informed consent in the civil law perspective, the authors discuss the historical and current legal developments of the legal institute of patient’s informed consent. The authors conclude that the formation of the institute owes to the right to body integrity and limitation of the exercise of medical profession by practitioners, and that the civil law doctrine of informed consent differs from Anglo-American tort law, relying on statutory-based civil liability for negligence, as well as minor penal liability for battery, an occasional interpretation of unauthorized medical intervention. The authors emphasize, that the existing bodies of Austrian, Czech and Latvian case law relating to informed consent, which span for over a century, are sufficient to become a branch of Continental medical malpractice case law alongside with aged and well-developed French or Belgian medical jurisprudence, whereas the Latvian medical jurisprudence, despite having a rich history of emergence since the 1920s, has developed a solid body of case law in regard with patient’s rights relatively recently.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49622441","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}
Pub Date : 2022-04-15DOI: 10.25040/medicallaw2022.01.037
O. Soroka
Based on archival, published historical documents, as well as other available information sources, the peculiarities of the legal status of patient funds that had been operated in the Precarpathian region during the Polish period in 1919–1939 years (the ІІ Republic of Poland, in polish II Rzeczpospolita Polska), were discussed in light of a prototypical health insurance system. It was found that modern domestic experience, although small, shows that the peculiarities of the legal status of patient funds, which operated in the Precrpathian region during the Polish period in 1919–1939 as a prototype of health insurance, have the potential to use positive historical experience and understanding of the problem of state regulation of medical activities. It is established that the legal status of patient funds, ie their position in the legal reality, is reflected in the constituent documents, and, particularly, in the main of them – in the statute of these organizations. The analysis of these documents allows determining the features of the regulation of their activities in relation with society and the state, the set of rights and responsibilities of both the organization in general and its members in particular. The vision of the present through a kind of prism of the past contributes to a better understanding of management processes and decisions, helps to understand the inner life of a certain historical period with all its manifestations and ideas, and helps to better understand modern state policy to build an effective system of health care in general and health insurance in particular.
{"title":"Patient Funds and Their Legal Status Through the Prism of the Historical Experience of the Precarpathian Region (1919–1939)","authors":"O. Soroka","doi":"10.25040/medicallaw2022.01.037","DOIUrl":"https://doi.org/10.25040/medicallaw2022.01.037","url":null,"abstract":"Based on archival, published historical documents, as well as other available information sources, the peculiarities of the legal status of patient funds that had been operated in the Precarpathian region during the Polish period in 1919–1939 years (the ІІ Republic of Poland, in polish II Rzeczpospolita Polska), were discussed in light of a prototypical health insurance system. \u0000It was found that modern domestic experience, although small, shows that the peculiarities of the legal status of patient funds, which operated in the Precrpathian region during the Polish period in 1919–1939 as a prototype of health insurance, have the potential to use positive historical experience and understanding of the problem of state regulation of medical activities. \u0000It is established that the legal status of patient funds, ie their position in the legal reality, is reflected in the constituent documents, and, particularly, in the main of them – in the statute of these organizations. The analysis of these documents allows determining the features of the regulation of their activities in relation with society and the state, the set of rights and responsibilities of both the organization in general and its members in particular. \u0000The vision of the present through a kind of prism of the past contributes to a better understanding of management processes and decisions, helps to understand the inner life of a certain historical period with all its manifestations and ideas, and helps to better understand modern state policy to build an effective system of health care in general and health insurance in particular.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43670711","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}
Pub Date : 2021-10-07DOI: 10.25040/medicallaw2021.02.018
Anatoliy A. Lytvynenko
Litigation concerning the violation of patient’s rights, which are associated with informed consent, confidentiality, right to information and medical records, as well as occasionally with end-of-life decision- making are quite frequent in common law and civil law jurisdictions, and has lasted for over a century in issues concerning malpractice, or unauthorized medical interventions and breaches of medical confidentiality. However, what could we say about medical law-related litigation in Japan? Technically, the legal system of Japan is a civil law one, but is practically post-traditional, which is reflected in extreme paternalism in healthcare and patient-physician relationships, which could be observed before the recent decades and which still has some impact on the modern Japanese medical law, despite the number of medical law-related litigation is becoming more frequent nowadays. The Japanese legislation does not have a specific “patient’s rights law” in contrast to European states, and most of the principles relating to medical malpractice derive from case law – the practice of the Supreme Court and of the lower courts. Each of the decisions strongly depends upon the factual circumstances, and the post-traditional features of the legal system may have some impact on it.
{"title":"PROTECTING PATIENT’S RIGHTS IN A POST-TRADITIONAL LEGAL SYSTEM: COMPARING LATVIAN AND JAPANESE MEDICAL JURISPRUDENCE","authors":"Anatoliy A. Lytvynenko","doi":"10.25040/medicallaw2021.02.018","DOIUrl":"https://doi.org/10.25040/medicallaw2021.02.018","url":null,"abstract":"Litigation concerning the violation of patient’s rights, which are associated with informed consent, confidentiality, right to information and medical records, as well as occasionally with end-of-life decision- making are quite frequent in common law and civil law jurisdictions, and has lasted for over a century in issues concerning malpractice, or unauthorized medical interventions and breaches of medical confidentiality. However, what could we say about medical law-related litigation in Japan? Technically, the legal system of Japan is a civil law one, but is practically post-traditional, which is reflected in extreme paternalism in healthcare and patient-physician relationships, which could be observed before the recent decades and which still has some impact on the modern Japanese medical law, despite the number of medical law-related litigation is becoming more frequent nowadays. The Japanese legislation does not have a specific “patient’s rights law” in contrast to European states, and most of the principles relating to medical malpractice derive from case law – the practice of the Supreme Court and of the lower courts. Each of the decisions strongly depends upon the factual circumstances, and the post-traditional features of the legal system may have some impact on it.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48252380","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：