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81.
Legal aspects of the safety of healthcare professionals working with migrants
Dalila Olinda de Sá Gomes da Costa Brito, Idalina Vilela, Noemia Bessa Vilela, 2017, izvirni znanstveni članek

Opis: The coexistence of multiple cultures is a challenge that requires behavioral changes for the health professionals, in particular nurses. This work´s objective was to understand the factors and beliefs that influence the demand for health care from immigrants in the Porto metropolitan area (Portugal), and their accessibility to the health services. We developed an exploratory-descriptive qualitative study. We obtained the data through semi-structured interviews of eleven Ukrainian residents of the Porto metropolitan area. We used the twelve cultural domains of Purnell. Sampling was non-probability, of convenience and in ˝snowball˝. Participants were required to give their free and informed consent. The results indicated some difficulties accessing health care due to inefficient communication, resulting from the language barrier and/or of different interpretations, and the disarticulation between the different immigrant support services. This study allowed the implementation of strategies designed to promote health care directed to immigrants, taking into consideration the diversity and vulnerability when accessing health services.
Ključne besede: legal aspects, immigrants, needs, nurse care, interculturality, beliefs
Objavljeno: 09.10.2018; Ogledov: 23; Prenosov: 12
.pdf Celotno besedilo (566,07 KB)

82.
Monitoring of quality in health care using indicators
Mircha Poldrugovac, Tit Albreht, 2017, izvirni znanstveni članek

Opis: A number of stakeholders identified the need to revise the national set of quality indicators. The objectives of monitoring quality indicators that were determined in 2010 for the most part were not accomplished. Key reasons include: insufficient communication between stakeholders after the indicator set was introduced, insufficient definition of human and financial resources necessary for indicators' monitoring, lack of a thorough ICT structure that could support indicators' monitoring and weak leadership for these activities. A new performance indicators' set requires a clear identification of the objectives to be pursued and consequently of the theoretical framework for the indicators. Mostly it is necessary in addition to the identification of the challenges so far, to also recognize what are the possibilities to strengthen this area in the future.
Ključne besede: quality, health care, health promotion, efficiency
Objavljeno: 09.10.2018; Ogledov: 63; Prenosov: 11
.pdf Celotno besedilo (564,57 KB)

83.
Legal aspects of health implications caused by environmental distress
Rajko Knez, 2017, izvirni znanstveni članek

Opis: The article tries to explore legal consequences in cases where the environmental distress causes health implications for individuals. The author begins with the observations from two different angles, that is ex ante and ex post actions. Both approaches differ substantively, since the ex ante approach is applied by state authorities (command-and-control approach, de iure imperii acts), while the ex post approach is by a general rule initiated by individuals against polluters/state. Both approaches are discussed considering the application of EU rules and beyond (ECHR, Aarhus convention). The main emphasis is given to one of the biggest problems, that is the issue of causality, which discourages many plaintiffs from claiming damages. For the so-called post-industrial risks the conventional rules of causality do not suffice, which is why certain courts proposed that changes in this respect are necessary. In addition, the role of NGOs is emphasised, since the NGO can, especially in the ex ante approach, achieve better effects, especially when locus standi is assured.
Ključne besede: environmental protection, healthy living environment, legal remedies in environmental law, ECHR Art. 8, ECHR Art. 2, command-and-control approach, claims for damages, health
Objavljeno: 09.10.2018; Ogledov: 42; Prenosov: 11
.pdf Celotno besedilo (470,49 KB)

84.
Inoculation of safety in healthcare
Bojan Dobovšek, Boštjan Slak, 2017, pregledni znanstveni članek

Opis: The purpose of this paper is to analyse - through a prism of informal institutions - the role and importance of security in healthcare and the manner in which healthcare sector copes with security threats in postmodern society. We note that bad informal institutions are differently reflected in Slovenia. In the forefront are the problems of systemic corruption, various forms of clientelism and nepotism. This is (in)directly reflected in the (lack of) quality of Slovenian healthcare system. Inadequate public procurement system and conflicts of interest in healthcare sector are causing inferior quality of the healthcare system, while informal institutions in politics and economics are weakening Slovenian economy, consequently affecting the funding of Slovenian healthcare system which is also undermined by the financial crisis. Additionally, globalisation, which has a (negative) impact on human health, has caused the importation of improper business practices into healthcare system. It is therefore necessary to develop a preventive action that will inoculate the idea of a safe country for the benefit of people and not for the benefit of bad informal networks.
Ključne besede: informal institutions, corruption, health systems, security
Objavljeno: 09.10.2018; Ogledov: 58; Prenosov: 10
.pdf Celotno besedilo (566,97 KB)

85.
Patient's right to protection of personal data in the legal system of Bosnia and Herzegovina
Marko Bevanda, Maja Čolaković, 2017, izvirni znanstveni članek

Opis: Health-related personal data belong to a category of sensitive data which, therefore, must be specially protected. The protection of personal health data is one of the patients´ fundamental rights. Doctors protect their patients´ interests only when the information gained about patients, while providing them medical treatment, are kept secret. In this paper, the authors provide an overview of the legal framework for the protection of health-related personal data in the legal system of Bosnia and Herzegovina. In addition to the analysis of the relevant legal provisions and considering the situation in practice, it can be concluded that formal harmonisation of legislation with the acquis communautaire in this field is not followed by effective implementation of regulation in practice.
Ključne besede: privacy, doctor, medical malpractice, liability for damage
Objavljeno: 09.10.2018; Ogledov: 45; Prenosov: 7
.pdf Celotno besedilo (573,46 KB)

86.
Important issues of providing genetic services in Serbia from the perspective of medical law
Hajrija Mujović-Zornić, 2016, izvirni znanstveni članek

Opis: Medico-legal issues that arise from the work of genetic health services became in recent time very current, especially regarding the Serbian law issues and dilema how to treat rare diseases patients among other vulnerable groups, wish often were not recognized in society. The legal system shall be an important mechanism, which could help by giving some solutions concerning the relations, rights and obligations of all parties in providing genetic services (informing, counseling, testing, keeping privacy). The law is invited to establish a delicate balance between legal qualification and more practical issues. In many countries there are medical guidelines for health professionals and biologists who work in the area of human genetics, according to which is done the essential rules for medical proceedings, with also significant parameters for legal decisions. Sometimes the legal situation is more complex when it includes malpractice cases due to violation of rights or breach of professional duties and contractual obligations in genetics. All issues should be consider from the aspect of Serbian legislator efforts to make a new codification in the area of genetic diagnostics, which is adopted in January 2015.
Ključne besede: medical genetic, legislation, human rights, case of Serbia
Objavljeno: 09.10.2018; Ogledov: 25; Prenosov: 5
.pdf Celotno besedilo (9,03 MB)

87.
Responsibilities of pregnant women for on going pregnancy
Ratko Matijević, Katja Erjavec, 2016, izvirni znanstveni članek

Opis: There are numerous factors known to affect the course of pregnancy and adversely impact perinatal mortality and morbidity. Some of them are avoidable and some are not. Avoidable factors can be either under responsibility of medical staff, health care systems and communities; or under responsibility of pregnant women. By modifying and changing their lifestyle, pregnant women can influence some avoidable factors and improve their pregnancy outcome. However, by ignoring them, they can cause potential damage to themselves and to their unborn child. There is no well defined responsibility for women concerning ways they influence their pregnancy outcome; they have a full right to make decisions about themselves and their unborn children, whether right or wrong. Good communication, education and understanding are essential when dealing with these issues.
Ključne besede: obstetrics, antenatal care, pregnant women, lifestyle habits
Objavljeno: 09.10.2018; Ogledov: 26; Prenosov: 9
.pdf Celotno besedilo (5,50 MB)

88.
Different approaches to cross border mobility of patients in the European Union in Czechia, Slovakia and Poland
Filip Křepelka, 2016, izvirni znanstveni članek

Opis: Poland and Slovakia are neighbour countries with similar history and socioeconomic conditions. They share heritage of socialized healthcare. Nevertheless, they adopted different policies towards promotion of patients´ mobility in the European Union. Accession to coordination of social security establishing assistance for tourists was smooth. Providers offer quality care for good prices. Foreign patients come to all three countries. Right for reimbursement of treatment intentionally sought across borders was created by the Court of Justice already before their accession. Nevertheless, they already decided on the Patients´ directive. Czechia supported it, Slovakia abstained and Poland refused. Numerous Poles seek treatment abroad and ask for its reimbursement, while implementing legislation barely complies and authorities are tight-fisted. Few Slovaks do it in accordance with rules adopted with cautiousness. Czechs ignore this opportunity despite official benevolence. Quality of healthcare, various price-setting and peculiarities of public financing explain this difference.
Ključne besede: European Union, free movement of services and goods, medical tourism, public financing of healthcare, patients' rights
Objavljeno: 09.10.2018; Ogledov: 70; Prenosov: 10
.pdf Celotno besedilo (1002,30 KB)

89.
Asylum seekers and HIV/AIDS
Neža Kogovšek Šalamon, 2016, izvirni znanstveni članek

Opis: Migrants, including asylum seekers, are a key population to focus on, according to the European Action Plan for HIV/AIDS 2012-2015. In general, data on the prevalence of HIV/AIDS among asylum seekers are scarce, but some receiving states have already noted a high HIV prevalence among asylum seekers who give birth. While there are many challenges in ensuring asylum seekers living with HIV/AIDS have access to adequate health services, it seems that protection of rejected asylum seekers (and other irregularly staying migrants) living with HIV/AIDS will be at the forefront of their struggle for adequate protection of their human rights.
Ključne besede: asylum, international protection, HIV, non-refoulement, fundamental rights
Objavljeno: 08.10.2018; Ogledov: 93; Prenosov: 6
.pdf Celotno besedilo (9,26 MB)

90.
No fault compensation for medical injuries
Vojko Flis, 2016, pregledni znanstveni članek

Opis: For decades in both Europe and the United states , the issue of compensation for victims f medical injuries has led to lively debates. Many scholars have analyzed the adverse effects of the "tort system" (based on negligence standards and court proceedings) on the increasing costs of insurance premiums, on the patient-doctor relationship and the quality of care. These debates have led to changes in compensation in some countries. Compensation would be based not on negligence, but rather on a broader avoidable medical injury standard. Some nations have long operated administrative schemes based on no fault principle. No fault compensation model for victims of medical injuries might be characterized by the choices it makes regarding some key issues: (a) the definition of compensation criteria in particular the status given to fault; (b) the organization of the decision -making process. What type of body adjudicates medical claims? (c) Who finances the mechanism. What injuries are likely to be compensated for, to what extent and by whom? This article reviews the origins and operations of the no fault systems, the evolution of their compensation criteria, and how these criteria are actually applied.
Ključne besede: injury, compensation, liability, medical errors, negligence
Objavljeno: 08.10.2018; Ogledov: 91; Prenosov: 4
.pdf Celotno besedilo (7,71 MB)

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