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Legal Issues of Intervention regarding Human Integrity and the Rights of the Injured Patient

9 Pages Posted: 11 Jan 2017  

Olga Sovová

Charles University in Prague - Law Faculty

Date Written: December 30, 2016

Abstract

This paper discusses health as a basic human right from the perspective of public and private law in the Czech Republic. The discourse centers around the idea of informed consent and dissent – including proper patient education – as a circumstance which precludes the legal liability. Medical law provides neither a clear-cut definition of a victim of a crime nor of an injured party, and therefore the need arises for identifying these persons and defining their rights and entitlements based on their procedural and substantive position as determined by criminal and civil law. Regarding liability, Czech law considers the essential relationship between patient and physician as an issue of the lege artis conduct, which is denoted as employing methods of treatment, prevention and diagnosis which are consistent with the highest level of scientific knowledge and practice. A clear-cut and unambiguous solution regarding what is the quantifiable value of human health and life damaged during the provision of health care cannot be reached by any methodology or judicial precedence, but will and must always be individualized, taking into account the circumstances of the life of a human being, his family as well as the laws, standards and practices of a given health care profession.

Keywords: Health, Human Integrity, Informed Consent, Patient, Injured Party

Suggested Citation

Sovová, Olga, Legal Issues of Intervention regarding Human Integrity and the Rights of the Injured Patient (December 30, 2016). Charles University in Prague Faculty of Law Research Paper No. 2016/III/4. Available at SSRN: https://ssrn.com/abstract=2896929 or http://dx.doi.org/10.2139/ssrn.2896929

Olga Sovová (Contact Author)

Charles University in Prague - Law Faculty ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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