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1.
2.
The constitutional right to health protection in Belarus
Aksana Shupitskaya, 2020, original scientific article

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.
Keywords: constitution, constitutional principles and norms, medical care, health protection
Published: 15.01.2021; Views: 46; Downloads: 10
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3.
The standards of proof in medical malpractice cases
Nina Cek, 2020, original scientific article

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.
Keywords: medical malpractice, expert evidence, standards of proof, no-fault system, civil procedure rules
Published: 15.01.2021; Views: 74; Downloads: 17
URL Link to file

4.
Jurisdictional control in the sphere of public health protection in the Russian Federation
Sergey Victorovich Potapenko, Evgeniy Borisovich Luparev, 2020, original scientific article

Abstract: The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.
Keywords: medical law, health protection, mandatory judicial control, medical legislation, administrative proceedings
Published: 15.01.2021; Views: 89; Downloads: 9
URL Link to file

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6.
Impact of multiple sclerosis on infertility and impact of infertility treatments on multiple sclerosis relapses in Slovenia
Eda Vrtačnik-Bokal, Urban Vrtačnik, 2020, original scientific article

Abstract: Multiple sclerosis (MS) is an autoimmune inflammatory disorder of the central nervous system. It is common in the reproductive period and can lead to infertility and significant disability. The treatment on multiple sclerosis is recently more successful and enables better quality of life, therefore rising hope and desire for the future parents, also in terms of successful infertility treatments. In this context the couples should be managed concerning the detrimental effect of the disease itself on fertility, detrimental effect of the drugs used for treatment on gonads and in terms of the implementation of drugs used for ovarian stimulation and their impact on the basic disease (MS). Article finds solutions on the legal outcomes in situations where infertility treatments may negatively impact the progress of MS, as well as the solutions on how to (successfully) provide infertility treatments to the patients with MS. It proposes interdisciplinary approach between gynecologists and neurologists to perform required weighting of benefits and risks (burdens), deriving from specific action or treatment, whereas for the patients who shall not undergo infertility treatments due to their medical status, related to MS, it proposes storage of gametes under conditions, set by the law.
Keywords: multiple sclerosis, infertility, in vitro fertilization, MAR, ZZNPOB, ZPacP, medical ethics
Published: 15.01.2021; Views: 50; Downloads: 19
URL Link to file

7.
Medical malpractice as a separate criminal offense
Igor Vuletić, 2019, original scientific article

Abstract: A comparative overview of the criminalisation of medical errors in Europe shows that this in principle is approached in two ways. Under the first approach, such errors are incriminated through the general regime for criminal offenses, such as bodily injury or causing death by negligence. The second approach, adopted in a smaller number of countries, prescribes it as a separate criminal offense (as medical malpractice). Croatian law is a typical example of the second model, which has given rise to discussions in Croatian scholarly circles about the abandonment of such a model. The author analyses the Croatian legislative solution and its realisation in judicial practice, and based on this analysis, through the presentation of noteworthy case law, provides conclusions on whether or not the Croatian legislative solution indeed provides a higher degree of protection of the health of patients and a higher level of legal certainty.
Keywords: doctor, medical malpractice, gross negligence, causal nexus, rules of the profession
Published: 14.01.2021; Views: 85; Downloads: 9
URL Link to file

8.
Medical error - should it be a criminal offence?
Miha Šepec, 2018, original scientific article

Abstract: Medicine is a risky profession where medical professionals have a duty to do anything in their power to help their patients. However, what if a doctor makes a grievous mistake that leads to the death but could have been avoided? Are moral responsibility and apology to patients´ family enough? Should we impose sanctions (civil or criminal) on the doctor who negligently caused the patients´ death? To answer this questions, we present arguments against criminalisation of medical error, where the strongest arguments are uncertainty of medical standards, counterproductive criminalisation seen in defensive medicine, using criminal law as the last resort, and the argument of doctor´s immunity. On the other hand, arguments for criminalisation are obvious negligent treatment with serious consequences, general prevention of future negligent conduct, sanitation of a medical system gone wrong, and the argument of privileged criminal offence. Our conclusion is that criminal law repression of medical malpractice or medical error is justified, however only in the most obvious cases of undisputed negligence or carelessness of a doctor, where his inappropriate conduct has led to a serious deterioration of health of a patient, which could have easily been avoided, if a doctor respected the practice and rules of medical science and profession.
Keywords: medical error, criminal law, criminal offence, medical malpractice, doctor, medical professional, negligent treatment
Published: 09.10.2018; Views: 973; Downloads: 122
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9.
Patients' genetic data protection in Polish law and EU law
Kinga Michałowska, Karol Magoń, 2018, original scientific article

Abstract: The article entitled "Patients' genetic data protection in Polish law and EU law - selected issues" presents issues related to the protection of patients' rights and focuses on the legal basis for genetic testing and genetic data protection. Based on a comparison of regulations of international law and regulations on genetic tests introduced in foreign legal systems, the text analyzes the assumptions for the draft of the Polish act on genetic tests performed for health purposes. It presents the patient's consent to testing, the scope of information provided to the patient, the right to disclose research results to related persons and the protection of genetic data. In reference to the regulations set out in other acts, it was noted that they do not guarantee the protection of information obtained as a result of research. Due to the particular nature of genetic data, they require increased protection, which can be guaranteed through implementation of the Act on Genetic Research. In the final part, authors presented the most important achievements of the judicature of European Court of Human Rights in the field of genetic data protection.
Keywords: genetic research, genetic data, protection of genetic data, patient's rights, medical documentation
Published: 09.10.2018; Views: 565; Downloads: 49
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10.
Selected legal problems of EEG biofeedback therapy under the Polish law
Aleksandra Nowak-Gruca, 2018, original scientific article

Abstract: The use of EEG biofeedback for therapeutic or healing purposes has its justification in modern research and recently one can notice the increasing popularity of this method. Possible threats which may be associated with improper training and EEG biofeedback therapy may result from error in the diagnosis or incorrect selection of the training protocol. The effectiveness of therapy depends largely on the efforts of the patient himself, however, the range of waves will be amplified or suppressed by diagnosticians and therapists. If during an EEG biofeedback, the correct neuronal signal is amplified or suppressed, this can have adverse effects. In Poland, there are no legal regulations regarding the acquisition of qualifications for conducting neurotherapy. Likewise, there are no indications as to which institutions have the right to assign appropriate powers to use this type of apparatus. The lack of legal regulations means that now everyone can practice neurotherapy. The article presents selected legal problems related to conducting EEG biofeedback therapy under law, especially under Polish regulations, including the problem of the responsibility of the therapist or trainer.
Keywords: EEG biofeedback, EEG applications, neurotheraphy, neurotherapist, legal liability, medical device, medical profession, patient's consent to treatment
Published: 09.10.2018; Views: 560; Downloads: 113
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