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1.
Protection of workers in relation to the use of artificial intelligence in the workplace
Asja Lešnik, 2025, izvirni znanstveni članek

Opis: This article examines the impact of artificial intelligence (AI) on all stages of the employment relationship and analyses whether the current legal framework adequately protects workers from the risks posed by the use of AI in the workplace. The focus is on Slovenian labour law, while also considering relevant international and EU legal sources such as the AI Act, the Directive on Improving Working Conditions in Platform Work, the GDPR, and the EU Charter of Fundamental Rights. The author addresses legal challenges including discrimination, data protection, privacy, occupational safety and health, and liability for damages. The article finds that while some protective mechanisms already exist, none of the analysed legal sources comprehensively regulate AI use in employment relationships. To ensure effective worker protection, the author argues for either the amendment of current laws or the adoption of dedicated legislation. Since AI will play an even more significant role in Labour Law in the future, it is crucial for the law to adapt in a timely manner to the new challenges posed by AI.
Ključne besede: artificial intelligence, algorithmic management, automation of work processes, discrimination, data protection, privacy protection, occupational safety and health, liability, worker protection, legal framework
Objavljeno v DKUM: 02.10.2025; Ogledov: 0; Prenosov: 5
.pdf Celotno besedilo (1,02 MB)
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2.
Cross-border provisional and protective measures for preserving of physician's funds subject to a liability claim in the EU
Urška Kupec, 2022

Opis: Patients frequently opt for medical treatment outside the public health system. This means that the patient enters into a contract with an individual physician, which commits the physician to perform a medical procedure for the patient, and the patient undertakes to pay for this procedure. If the physician does not act with due diligence or does not achieve an outcome that they have explicitly committed to reach, a situation may arise where the patient has a monetary claim against the physician. If the physician does not repay the claim voluntarily, the patient has certain options available to ensure that their claim is forcibly repaid. In this paper, we deal with the position of the +patient as a creditor who does not yet have an enforceable title in relation to the physician and the debtor, and with a patient who already has such an enforceable title. The field of study is limited to the situation when Slovenian law applies for decision on the responsibility of a physician and patient wants to claim the funds that the physician has in bank accounts in the European Union.
Ključne besede: medicine law, liability claim, patient's rights, European Union
Objavljeno v DKUM: 04.09.2025; Ogledov: 0; Prenosov: 7
.pdf Celotno besedilo (547,31 KB)
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3.
Criminal and civil aspects of healthcare worker liability for medical malpractice in Croatia
Dinka Šago, Ivan Vukušić, 2023, izvirni znanstveni članek

Opis: A healthcare worker's liability for damage caused to patients can be criminal, civil, misdemeanour, and disciplinary, with the necessary precondition that the damage was caused as a result of medical malpractice or negligence, and not as a result of the regular course of the disease. The paper analyzes the criminal law and civil law aspects of the healthcare worker's responsibility for damage caused by medical malpractice through the provision of medical care. The imprecise definition of the legal nature of the healthcare worker's responsibility, the obligations that the law imposes on doctors, the definition of malpractice in medical treatment, as well as the legal basis of responsibility, indicate the existence of many legal dilemmas that require additional analysis to which we would like to contribute with this paper. Because of a broad concept of issues in healthcare worker's liability, this paper aims to explain the material assumptions of criminal (duty to act) and civil (negligence) liability and discusses the legal position of a medical expert in both types of proceedings.
Ključne besede: civil liability, criminal liability, damage, medical expert, medical malpractice
Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 8
.pdf Celotno besedilo (540,74 KB)
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4.
On the insufficiencies of the current legislative regime regarding physician-patient mediation in the professional liability of physicians. A critical analysis of the Polish solution
Dominika Bek, Jakub Hanc, 2023, izvirni znanstveni članek

Opis: The article presents a critical opinion on physician-patient mediation conducted in the context of proceedings on the professional liability of physicians. The starting point is the Act on Medical Chambers, which provides for the possibility of conducting a mediation between the accused physician and the aggrieved patient. This regulation is unique in the region. Its specific measures, such as, for example, the choice of a mediator among physicians, have undergone a critical assessment in the literature. As a rule, the need for the functioning of mediation in the context of professional liability is not called into question. However, a thorough analysis of the assumptions of mediation and restorative justice and the function of professional liability of physicians suggests going a step further. Although the physician-patient conflict certainly requires conciliatory solutions, it seems that the disciplinary regime does not provide an adequate foundation for agreement because it is unable to secure the aggrieved person’s interests.
Ključne besede: mediation, professional liability, medical chamber, physician, restorative justice
Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 1
.pdf Celotno besedilo (563,35 KB)
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5.
Vaccines immunize people; legislation immunizes vaccine manufacturers. Legislation in the United States Regulating liability for the manufacture, distribution and administration of vaccines
Thomas Allan Heller, 2021, izvirni znanstveni članek

Opis: Infectious diseases have caused widespread misery, and have wreaked havoc physically, mentally, economically, politically, and socially. Fortunately, in more recent years, scientists have developed vaccines. Vaccines are generally very safe, but cause side effects in a small percentage of cases. The United States Congress has passed two major pieces of legislation that provide sweeping tort immunity to vaccine manufacturers and others. In 1986 Congress passed the National Childhood Vaccine Injury Act (NCVIA) and in 2005 it passed the Public Readiness and Emergency Preparedness Act (PREP ACT). Both Acts were passed to encourage manufacturers to develop vaccines, particularly in times of public emergencies, in exchange for expansive liability protection. Both Acts established no-fault type compensation schemes to compensate those suffering injury or death from vaccines without having to resort to typical litigation. The author discusses both Acts in detail, in the context of the current Covid-19 crisis.
Ključne besede: vaccines, pandemics, Public Readiness and Emergency Preparedness Act, immunity from liability, National Childhood Vaccine Injury Act
Objavljeno v DKUM: 19.08.2024; Ogledov: 68; Prenosov: 11
.pdf Celotno besedilo (653,52 KB)
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6.
Obligatory insurance as a form of social engineering : a comparison paper between the United States, Italy, Aruba and Poland
Thomas Allan Heller, Silvia Rigoldi, Jessica Burgos, Mateusz Sasinowski, 2019, izvirni znanstveni članek

Opis: Insurance has been around for centuries. Traditionally, it has been purchased to protect the purchaser, namely, the insured. Over time, the insurance industry has developed an increasing number of products, so that at present one can purchase insurance to cover nearly every risk imaginable. The concept of mandatory or obligatory insurance is a fairly recent development. It traces its origins to the widespread use of the motor vehicle and also employment. Obligatory insurance is designed to protect certain classes of persons, such as workers and those who sustain injury and damage at the hands of others. In this article, the authors compare the current state of obligatory insurance in four democratic countries: the United States, Italy, Aruba and Poland. The aim of the article is to catalogue the similarities and differences in obligatory insurance in those four countries. The countries studied all have obligatory insurance designed to offer some degree of protection to workers injured on the job, and in the course and scope of their work, and to those involved in vehicular collisions. The other primary takeaway from our research is that, predictably, there is less obligatory insurance in the United States than in the other countries studied.
Ključne besede: obligatory insurance, obligatory motor vehicle insurance, obligatory health insurance, obligatory professional liability insurance, workers, compensation insurance, social insurance
Objavljeno v DKUM: 15.01.2021; Ogledov: 898; Prenosov: 23
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Selected legal problems of EEG biofeedback therapy under the Polish law
Aleksandra Nowak-Gruca, 2018, izvirni znanstveni članek

Opis: 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.
Ključne besede: EEG biofeedback, EEG applications, neurotheraphy, neurotherapist, legal liability, medical device, medical profession, patient's consent to treatment
Objavljeno v DKUM: 09.10.2018; Ogledov: 1408; Prenosov: 202
.pdf Celotno besedilo (573,73 KB)
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9.
Combating counterfeiting of medicines in the Republic of Belarus : legal analysis
Pavel Saschenko, 2017, izvirni znanstveni članek

Opis: 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.
Ključne besede: medicine, counterfeiting of medicines, crime, criminal liability, administrative liability, Belarus
Objavljeno v DKUM: 09.10.2018; Ogledov: 1351; Prenosov: 96
.pdf Celotno besedilo (350,33 KB)
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10.
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 v DKUM: 09.10.2018; Ogledov: 1070; Prenosov: 158
.pdf Celotno besedilo (573,46 KB)
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