Patients’ Rights in Cross-border Healthcare: Modifying Judicial Influence

Author(s):  
Dorte Sindbjerg Martinsen
2012 ◽  
Vol 19 (5) ◽  
pp. 467-484 ◽  
Author(s):  
Simon Taylor

Abstract Developments in European Union law have created rules favourable to cross-border patient movement. However, where national laws on patient rights differ, this may limit movement by creating confusion for patients and by reducing their confidence in seeking treatment abroad. This article examines the extent to which English and French law recognize a patient right to information regarding treatment. In light of the differences between the two systems concerning both the form and the content of the law, highlighted by recent developments in French law, the article then considers whether the Patients’ Rights Directive can provide a framework for coordination of national rules.


2014 ◽  
Vol 21 (1) ◽  
pp. 65-78 ◽  
Author(s):  
L.M.H. Bongers ◽  
D.M.R. Townend *

Abstract This article discusses the significance of the Directive 2011/24/eu on the application of patients’ rights in cross-border healthcare for the protection of individual patients’ rights in the Netherlands by describing how its provisions are implemented in Dutch health law. The responsible Dutch authorities take the view that most of the Directive’s provisions and requirements are covered in existing Dutch law. Implementation of the Directive would only require adaptations to national legislation with regard to the establishment of a national contact point for cross-border healthcare and the recognition of medical prescriptions issued in another Member State. This article looks into the question of how far the Dutch law meets the requirements of the Directive in relation to the individual patients’ rights addressed in this special issue of the European Journal of Health Law.


BMJ ◽  
2011 ◽  
Vol 342 (jan17 2) ◽  
pp. d296-d296 ◽  
Author(s):  
H. Legido-Quigley ◽  
I. Passarani ◽  
C. Knai ◽  
R. Busse ◽  
W. Palm ◽  
...  

2017 ◽  
Vol 24 (4) ◽  
pp. 432-444 ◽  
Author(s):  
Perihan Elif Ekmekci

Abstract Cross-border healthcare and patient mobility across European Union Member States has been on the agenda of eu Commission for the last decade. Directive 2011/24/eu on the application of patients’ rights in cross-border healthcare went into force in 2013. The Directive mainly addresses the responsibilities of Member States in cross-border healthcare, regulates reimbursement procedure, and coordinates European reference networks and health technology assessment in the eu. The Directive has direct and indirect implications on Turkish health system. In this article, first an overview of Directive 2011/24/eu is addressed with special attention to its relation to patient rights and other eu legislations. Then, Turkish citizens’ position in the scope of eu legislation on patient rights is considered. Finally, the ethical implications of the Directive, conceptualisation of cross-border patient mobility, and Turkey’s particular position among other candidate countries regarding cross-border healthcare is discussed.


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