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1.
Nacionalni jeziki v EU
Janja Hojnik, 2018, review article

Abstract: Namen prispevka je prikazati, kako pravo EU, zlasti preko sodne prakse Sodišča EU, rešuje primere konflikta med enotnim trgom EU, ki predstavlja temeljno načelo prava EU, in prizadevanji držav članic po ohranitvi različnih jezikov, ki predstavljajo oviro za delovanje enotnega trga. Izpostavljen je zlasti vpliv tržnega prava EU na uporabo jezika pri prodaji blaga (bodisi v smislu oznak na proizvodih na trgovskih policah bodisi pri oglaševanju tega blaga v trgovinah in v medijih). Predstavljena je problematika zahtev po znanju jezika v okviru svobode gibanja delavcev, vključno s problematiko uporabe izvirnega imena v drugih državah članicah EU. Izpostavljena je tudi problematika vpliva skupne valute na jezikovno raznolikost držav članic. Utemeljevanje je podprto z uporabo uveljavljenih metod pravne znanosti.
Keywords: večjezičnost, notranji trg, EU, pretok blaga, državljani EU, osebno ime, evro
Published: 11.10.2018; Views: 20; Downloads: 4
.pdf Full text (535,03 KB)

2.
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: 29; Downloads: 6
.pdf Full text (589,77 KB)

3.
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: 30; Downloads: 3
.pdf Full text (581,68 KB)

4.
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: 13; Downloads: 3
.pdf Full text (573,73 KB)

5.
Challenges posed by novel vaccines in a hyperlinked society both to doctors and the health of their patients
Alojz Ihan, 2018, review article

Abstract: Medicine in the developed world is becoming progressively more commercialized since patients (or, more accurately, medical consumers) are increasingly becoming the driving force of what we call medical progress. The doctors are primarily obliged to treat and help patients, but will always have also (commercial) temptation before him: to facilitate the consumer's desires and, with a warm heart, shoot to the far borders of medical knowledge and technology. A good example illustrating dilemma of beneficial vs commercial medicine are ethical challenges of some new vaccines developed recently. Since their earliest introduction in the late 18th century, vaccines have undoubtedly saved the lives of millions, while also fundamentally changing the way modern medicine is practiced. Many diseases that were once widespread are now eradicated, yet vaccine development faces ongoing challenges, including some important ethical considerations. Today there are over 300 vaccines in development and included in clinical trials. Among them, anti-addiction vaccines (Cocaine, Nicotine, Fentanyl, Heroin, Oxycodone) received a burst of media attention, because these vaccines could help people in recovery from addiction; however, many ethical and legal questions may arise before clinical use.
Keywords: conflicts of interest, physicians, commercialization, public health
Published: 09.10.2018; Views: 19; Downloads: 3
.pdf Full text (444,21 KB)

6.
Some regulatory dilemmas of artificial termination of pregnancy in Slovenian and comparative law
Viktorija Žnidaršič Skubic, 2017, review article

Abstract: The article deals with the issue of the artificial termination of pregnancy through the prism of, typically, conflicting relations between the subjects involved and their interests. It specifically addresses the most contentious and morally-ethically as well as legally complicated relationship between the pregnant woman (the future mother) and the embryo or pre-embryo. The article explains the positions of legal theory and jurisprudence in Slovenia and abroad regarding the status of an embryo as a legal person. The authoress moreover touches the question of legal status of the (potential future) father of such an embryo and presents regulations dealing with artificial termination of pregnancy in domestic and comparative law. Through a schematic summary of typical characteristics of such regulations around the world, which greatly differs in details, the author highlights their basic characteristics as well as individual trends in the field.
Keywords: artificial termination of pregnancy, abortion, legal status of embryo, reproductive autonomy, right to the artificial termination of pregnancy
Published: 09.10.2018; Views: 19; Downloads: 6
.pdf Full text (464,70 KB)

7.
An overview of medical malpractice law in the United States including legislative and the health care industry's responses to increased claims
Thomas Allan Heller, 2017, review article

Abstract: Medical Malpractice claims are frequently asserted in the United States. At various time and places, an extraordinarily high number of claims and payouts led to what some have called medical malpractice crises. Consequently, in some geographical locations physicians either could not purchase malpractice insurance as carriers withdrew from the market, or, insurance became increasingly expensive and the overall costs associated with the delivery of health care continued to rise. Other undesirable consequences of these crises included a shortage of qualified physicians in certain parts of the country. Many of the states responded to these problems legislatively through a long series of tort reform measures. The health care industry itself has evolved in numerous ways. In particular, many health care providers have turned away from traditional private insurance models to self-insured models such as captives. Further, the industry has continued to consolidate, with fewer, but larger hospitals and clinics, and with an increasing number of physicians employed directly by hospitals and large clinics. The results of all of these changes have had mixed results.
Keywords: medical malpractice, defensive medicine, medical malpractice crises, tort reform, consolidation of health care industry, group captives
Published: 09.10.2018; Views: 36; Downloads: 3
.pdf Full text (488,42 KB)

8.
Systems methodology for strategic decision-making in complex healthcare system
Tadeja Jere Lazanski, 2017, original scientific article

Abstract: Systems methodology as a support for strategic decision- making will be discussed in the paper. A society will be presented as a complex system, which is comprised of many smaller, complex systems as its component parts. The healthcare system is one of them. The support to the strategic decision-making in a healthcare system will be shown through systems thinking and systems modelling. We will develop models of a healthcare system in frame of a systems dynamics; a qualitative causal loop diagram (CLD), which helps us to discuss the challenges categorically and a quantitative model, which is a simulation model. Both models illustrate the discussed methodology.
Keywords: systems methodology, healthcare system, strategic decision-making, systems thinking, modelling
Published: 09.10.2018; Views: 32; Downloads: 4
.pdf Full text (783,10 KB)

9.
The Ebola epidemic and cholera outbreak and the international response
Richard B. Roberts, 2017, review article

Abstract: Infectious diseases are responsible for 15 million of the 57 million deaths worldwide despite the remarkable discoveries of antibiotics and vaccines. Many individuals succumb to microbial diseases in poor and less-developed countries where these preventive and therapeutic modalities are not available. Furthermore these less fortunate countries do not have the resources or public health infrastructure to combat unforeseen and explosive outbreaks. Two relatively recent outbreaks are reviewed in this article; the Ebola epidemic in West Africa and the cholera outbreak in Haiti. This outbreak of cholera, in a country of only 7.8 million inhabitants, is one of the largest ever recorded worldwide. Early intervention by international health organizations is critical to curtail and ultimately control infectious disease outbreaks and epidemics. This responsibility, especially for less-developed countries, lies in the hands of the United Nations and World Health Organization. Unfortunately, the international response from the UN and WHO was slow, cumbersome and poorly coordinated both in West Africa and Haiti.
Keywords: Ebola, cholera, international response, United Nations, World Health Organization
Published: 09.10.2018; Views: 33; Downloads: 3
.pdf Full text (440,47 KB)

10.
Combating counterfeiting of medicines in the Republic of Belarus
Pavel Saschenko, 2017, original scientific article

Abstract: Counterfeiting of medicines constitutes as a threat to public health, which nowadays has a “pandemic character”. In this regard, the legislation of the Republic of Belarus should properly address the risks caused by counterfeited medicines. Being a member of several economic alliances aimed at simplifying turnover of goods, including medical products, Belarus needs to develop comprehensive preventive measures and provide effective and proportionate criminal and other sanctions for the commission of acts connected with counterfeiting of medicines. This article focuses on key factors which impact the development of Belorussian legislation. The main obstacles for effective international cooperation in criminal matters concerning turnover of counterfeit medicines are also explored. Amendments to legislation aimed at improving the effectiveness of combating counterfeiting of medicines will also be discussed.
Keywords: medicine, counterfeiting of medicines, crime, criminal liability, administrative liability, Belarus
Published: 09.10.2018; Views: 22; Downloads: 5
.pdf Full text (350,33 KB)

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