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The legal nature of doctor patient relationship in Turkish medical law
Yener Ünver, 2016, izvirni znanstveni članek

Opis: The article discusses the relationship between the physician and the patient through different branches of Turkish Law. The author explains the legal theory of physician (as self-employed as well as employed in hospital) – patient relationship in the limits of legislation and court practices, and gives special emphasis on contemporary open questions in Turkish Law. Special intentions is given also to criminal law, duty to inform, liability and consent. The author presents contemporary constitutional and supreme court decision relating to the Casarean, plastic surgery, burden of proof, compensations ...
Ključne besede: patient, physician, discrimination, criminal law, Turkish law
Objavljeno: 08.10.2018; Ogledov: 61; Prenosov: 7
.pdf Celotno besedilo (405,60 KB)

Supervision of medical activities
Grega Strban, 2016, izvirni znanstveni članek

Opis: It is investigated what kind of supervision could be exercised over medical activities in order to ensure the highest attainable quality of healthcare and access to medical services. To this end rights and especially duties of healthcare providers, definitions of sickness and effective healthcare provision, as well as various supervisory mechanisms and procedures for enforcing the rights, are analysed. It is argued that legal definitions of sickness and effective healthcare provision, stricter supervisory mechanisms and a single, legally regulated professional complaint procedure are required de lege ferenda.
Ključne besede: healthcare provision, sickness, mandatory health insurance, supervision, complaint proceedings, judicial review
Objavljeno: 08.10.2018; Ogledov: 43; Prenosov: 10
.pdf Celotno besedilo (333,49 KB)

Criminal law dilemmas in withholding and withdrawal in intensive care
Damjan Korošec, 2016, izvirni znanstveni članek

Opis: Regarding the question under which conditions a physician in Slovenia is allowed to omit life-prolonging medical treatment of dying patients, the main legal source is the Patient Rights Act, adopted in Slovenia in 2008 (parallel to Criminal Code of Slovenia). Under this law, there are two possible circumstances in deciding about life-prolonging medical treatment regarding dying patients: a) on the basis of the so-called patient's testament in the sense of Art. 34 of the Patient Rights Act; and b) without any known patient's testament in the sense of Art. 34 of the Patient Rights Act. Such decisions can also be contrary to a decisive wish of relatives of the dying patient to prolong the patientʼs life under all circumstances. If this decision is reached with full respect of the Patient Rights Act as well as the rules of medical science, omitting life prolonging medical treatment cannot be unlawful in the sense of medical criminal law.
Ključne besede: substantive criminal law, omission, life prolonging, medical treatment, Slovenia
Objavljeno: 08.10.2018; Ogledov: 48; Prenosov: 6
.pdf Celotno besedilo (345,26 KB)

Relationship between a doctor and a patient with mental disorder
Blanka Kores-Plesničar, 2016, izvirni znanstveni članek

Opis: Quality relationship between a doctor and a patient with mental disorder is pivotal to successful treatment. The doctor, the patient and the environment contribute numerous factors to this relationship. There are also ethical and legal aspects to consider, and above all, it is intrinsically linked with the patient's trust. However, the relationship between a doctor and a patient with mental disorder may lead to crossing professional boundaries and even to their violation. Crossing boundaries means deviating from normal standards of practice that does not exploit or harm the patient, and can be even beneficial to the later; violation of boundaries is harmful to the patient and serves primarily for satisfying the needs of the doctor. Education and learning ethical norms and communication techniques represent the foundation of all professional relationships.
Ključne besede: doctors, patients, relationship, mental disorders
Objavljeno: 08.10.2018; Ogledov: 26; Prenosov: 6
.pdf Celotno besedilo (300,94 KB)

The relationship between doctors, patients and the law in North American and British literature
Victor Kennedy, 2016, izvirni znanstveni članek

Opis: In common law jurisdictions today, the relationship between doctors and patients is generally considered to be a private one (Dorr Goold and Lipkin Jr., 1999). Like most professions, doctors are governed to a large extent by professional associations with their own Codes of Ethics. To practice medicine in the United States, Canada, or Britain, doctors must be licensed by their local Board or College. Government control of doctor-patient relationships is generally limited to funding, but in a few areas, in particular, those that are considered to be matters of public morality or ethics, criminal statutes can apply. Historically, reproductive rights have often fallen under state control. This paper will compare fictional representations of state interference with reproductive rights in three science-fiction dystopias, Margaret Atwood's The Handmaid's Tale (Atwood, 1985), P.D. James's Children of Men (James, 1992), and Harlan Ellison's "A Boy and His Dog" (Ellison, 1969), and examine the real-world situations and concerns that these stories comment upon.
Ključne besede: doctors, patients, relationship, common law, American literature, British literature
Objavljeno: 08.10.2018; Ogledov: 49; Prenosov: 10
.pdf Celotno besedilo (302,21 KB)

Patient safety in cross-border care
Eva Turk, Stephen Leyshon, Morten Pytte, 2015, izvirni znanstveni članek

Opis: Patient safety is a right and it raises particular issues in the context of cross-border care. Patients should be able to have trust and confidence in the healthcare structure as a whole; they must be protected from the harm caused by poorly functioning health systems, medical errors and adverse events. This paper addresses the state of cross-border healthcare in the European Union, the state of patient safety, the question of quality assurance and the role of accreditation as a risk based approach.
Ključne besede: patient safety, cross-border care, accreditation, healthcare, EU
Objavljeno: 08.10.2018; Ogledov: 30; Prenosov: 7
.pdf Celotno besedilo (427,83 KB)

Medicine between ethics and scientific progress
Joseph Straus, 2015, izvirni znanstveni članek

Opis: The progress of medicine is heavily dependent on the progress of science and technology, which in turn depend on costly and risky investment in research and development. In this contribution, based on some concrete examples, new scientific achievements are presented as basis of modern medicine and source of ethical concerns. Addressed are also the role of scientists in coping with safety in ethical concerns as regards hazards of new technologies, costs of R&D investment in drug development and the role of patents in this context. In some detail the legal situation existing at an international and European level as regards exclusions from patentability based on reasons of ethics and morals is presented. A critical appraisal of the case law of the Court of Justice of the European Union as regards patentability of embryonic stem cells is offered.
Ključne besede: ethics, scientific progress, costs of R&D, role of patents, CJEU case law
Objavljeno: 08.10.2018; Ogledov: 29; Prenosov: 6
.pdf Celotno besedilo (840,59 KB)

E-documentation and crossborder healthcare
Marta Sjeničić, 2015, izvirni znanstveni članek

Opis: E-health is, in many European countries, one of the health care areas that are in the fastest development, due to the endeavor to apply modern information and communication technologies for the purpose of meeting the needs of citizens, patients, health professionals and the health policy creators. E-health potentials are virtually endless and can reach from the delivery of health information and health control over the internet, through on- line consultations, issuing of drugs through electronic devices, till robotised surgeries or care of elderly population. European Union works actively in this field through different conventions and directives related to the patients’ rights in cross-border healthcare, but also protection of individuals with regard to the processing of personal data. One of the most recent and important documents in this field was Working Document 01/2012 on epSOS (Article 29 Data Protection Working Party), which was enacted January, 2012, and which was the basis for so-called epSOS project that has been implemented from July 1, 2008 till June 31, 2014. The main objective of epSOS project is to shape, establish and evaluate the infrastructure of services which would enable the crossborder operability between the system of electronic health documentation in Europe. epSOS project aims to develop practical frame for e-health and information-communication infrastructure that would be basis for the safe access to the information on patients' health, in the different European health systems.
Ključne besede: electronic health documentation, electronic medical record, electronic health record, epSOS, national contact point
Objavljeno: 08.10.2018; Ogledov: 39; Prenosov: 9
.pdf Celotno besedilo (337,79 KB)

Translational and personalized medicine
Krešimir Pavelić, Tamara Martinović, Sandra Kraljević-Pavelić, 2015, izvirni znanstveni članek

Opis: The idea behind personalized medicine is to tailor health care to an individual’s unique genetic makeup. Hitherto, “one size fits all” approach was used in medicine. With the rise of personal medicine, we are moving towards a more precise, predictable and powerful medicine that is customized for each individual patient. To allow for an improvement in the acceleration and efficacy of drug development, high-throughput methods (“omics”) are rapidly being developed. This leads to understanding of multiple factors that are involved in disease progress on an individual level. In order to analyze the great amount of data that is collected from such experiments, one has to turn to systems biology, an interdisciplinary science that studies complex interactions within a biological system. Finally, translational medicine comes into play, by “translating” the information gathered from research into diagnostic tools, medicines and policies, with the final goal of improving individuals’ health. Personalized medicine is one of the future, and it will revolutionize the current practice of diagnosis-based medicine, once fully developed.
Ključne besede: personalized medicine, translational medicine, clinic, high-throughput methods, systems biology
Objavljeno: 08.10.2018; Ogledov: 19; Prenosov: 7
.pdf Celotno besedilo (324,18 KB)

Comparative analysis of ART in the EU
Gordana Kovaček-Stanić, 2015, izvirni znanstveni članek

Opis: The need for cross-border reproductive medicine exists for several reasons. Some are due to the fact that some states do not permit particular ART procedures; thus couples travel to the state where needed procedure is allowed (surrogate motherhood, embryo donation, posthumous fertilization). Other situations are due to the fact of who is entitled to ART procedures. In some states ART procedures are not allowed to same-sex couples or a single woman. The consequence of the cross-border reproductive medicine might be that the born child becomes parentless (“limping legal parentage”) and stateless. Since the best interest of the child is the paramount principle in contemporary family law, it is most important to find solutions for these situations. The most complicated issues are the consequences arising from international surrogacy arrangements. The Hague Conference on private international law is working on these issues trying to find the best solutions.
Ključne besede: cross-border, reproductive medicine, child, parentage, Hague Conference, EU
Objavljeno: 08.10.2018; Ogledov: 49; Prenosov: 9
.pdf Celotno besedilo (375,59 KB)

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