IMPORTANT PROBLEMS OF MEDICAL LAW IN MODERN RUSSIA

2020 ◽  
Author(s):  
N.D. Kobzeva ◽  
◽  
R.S. Durov ◽  
E.V. Varnakova ◽  
K.O. Kobzev ◽  
...  
Keyword(s):  
Human Physiology ◽  
Comparative Analysis ◽  
Medical Practice ◽  
Medical Law ◽  
Criminal Process ◽  
Uniform Approach

The comparative analysis of various problems of medical law in Russia is carried out. It is shown that there is no uniform approach to these problems, which makes it difficult in the criminal process to distinguish between guilty and innocent actions in medical practice. Additional complexity is a certain incompleteness of modern ideas about human physiology and pathology.

Rechtsfragen medizinischer Intervention bei intersexuell geborenen Minderjährigen

2020 ◽  
Author(s):  
Helen Lindenberg
Keyword(s):  
Comparative Analysis ◽  
Surgical Treatment ◽  
Informed Consent ◽  
Medical Practice ◽  
Legal System ◽  
German Law ◽  
Current Medical ◽  
Policy Objective ◽  
Gender Reassignment ◽  
Current Medical Practice

A lot of intersexual children undergo gender reassignment surgery to achieve clear classification as being either male or female. In this work, the current medical practice in this regard is examined in terms of its compatibility with German law. The study focuses on informed consent regarding such medical treatment. Furthermore, a comparative analysis of the legal systems in Germany, Austria and Switzerland aims to analyse whether certain regulations concerning the different forms of consent in this respect should be incorporated into the German legal system. All in all, the work pursues a legal policy objective, and develops and evaluates different approaches to improving the situation of intersexual individuals beyond surgical treatment.

scholarly journals Medical law in obstetrics

2016 ◽  
Vol 65 (2) ◽  
pp. 54-63
Author(s):  
Vladimir O Atlasov ◽  
Viktor K Yaroslavsky ◽  
Alexander A Ballo ◽  
Viktor K Yaroslavsky
Keyword(s):  
Medical Practice ◽  
Medical Error ◽  
Legal Regulation ◽  
Medical Law ◽  
Medical Aid ◽  
Legal Relationship ◽  
The Right

The article presents information on the legal regulation of medical practice in obstetrics, assesses the existing legal relationship between the doctor and the patient, the necessity of improving the civil legal relations between subjects of medical law in obstetric institutions. Discusses the question of the right doctor for error, and the estimation of medical error from a medical and legal standpoint, suggested ways to reduce the likelihood of defects in rendering medical aid in obstetrics.

The Natural Law Foundations of Medical Law

2019 ◽  
pp. 46-67 ◽  
Author(s):  
Robert P George ◽  
Christopher O Tollefsen
Keyword(s):  
Health Care ◽  
Medical Practice ◽  
Natural Law ◽  
Medical Profession ◽  
Human Life ◽  
Right To Health ◽  
Medical Decision ◽  
Medical Law ◽  
Moral Norms ◽  
Right To Health Care

This chapter seeks to identify the basic human goods that are the foundational principles of the natural law; a derived set of moral norms that emerge from consideration of the integral directiveness or prescriptivity of those foundational principles; and the implications of these norms for medical practice and medical law as regards four questions. First, how should medical practice and medical law be structured with respect to the intentional taking of human life by members of the medical profession? Second, who, in the clinical setting, has authority for medical decision making, and what standards should guide their decisions? Third, what standards should govern the distribution of health-care resources in society, and do those standards give reasons for thinking, from the natural law standpoint, that there is a ‘right to health care’? Fourth, what concern should be shown in medical practice and medical law for the rights of ‘physician conscience’?

scholarly journals Documentation as acceptance of accounting and digitalization

KANT ◽  
2021 ◽  
Vol 38 (1) ◽  
pp. 54-58
Author(s):  
Olga Nikolaevna Sveshnikova
Keyword(s):  
Comparative Analysis ◽  
Accounting Information ◽  
Economic Life ◽  
Basic Category ◽  
Regulatory Documents ◽  
Uniform Approach ◽  
Economic Entity

The article is devoted to the problem of justifying a uniform approach to the fundamental basic category of accounting – documentation. The relevance is due to the need for terminology to match the changes taking place in its subject of research - the economic life of an economic entity. The author conducts a comparative analysis of the interpretation of accounting reception "documentation", "documenting", based on educational publications of leading scientists, current regulatory documents in the field of management documentation. The author conducts a comparative analysis of the interpretation of accounting reception "documentation", "documenting", based on educational publications of leading scientists, current regulatory documents in the field of management documentation. As a result, the author formulates the concept of "documentation", which contains features that correspond to the modern understanding of the role and significance of this accounting technique in the formation of accounting information.

scholarly journals INKONSISTENSI REGULASI DI BIDANG KESEHATAN DAN IMPLIKASI HUKUMNYA TERHADAP PENYELESAIAN PERKARA MEDIK DI INDONESIA

Law Review ◽  
2019 ◽  
Vol 19 (1) ◽  
pp. 54
Author(s):  
Jovita Irawati
Keyword(s):  
Medical Practice ◽  
Medical Malpractice ◽  
Health Sector ◽  
Medical Professional ◽  
Professional Standards ◽  
Medical Law ◽  
Health Related ◽  
Medical Disciplines

<pre><strong><em>Abstract</em></strong></pre><pre><em>As an institution authorized to deal with legal complaints concerning i</em><em>m</em><em>proper health serv</em><em>i</em><em>ces, Indonesian Medical Disciplinary </em><em>Honorary Assembly</em><em> (MKDKI) has the task of determining whether there are malpractices made by doctors or dentists in the application of medical disciplines in terms of medical professional standards. This authority is stipulated in Article 66 (1) Law Number 29 of 2004 concerning Medical Practice. Howeve</em><em>r</em><em>, disharmony which occurs between</em><em> </em><em>such article and</em><em> </em><em>a</em><em>rticle 66 </em><em>(3) as well as </em><em>several health related law in Indonesia seems like negating MKDKI role in determining the element of negligence at the time of an alleged violation such as medical malpractice. Based on this condiion, the study was conducted to examine the </em><em>impact</em><em> of</em><em> such legal</em><em> disharmony in</em><em> the practices and services of </em><em> Indonesian health sector.</em></pre><pre><strong><em> </em></strong></pre><pre><strong><em>Keywords: </em></strong><strong>Medical Law, Patient’s Right, Existence of MKDKI<em></em></strong></pre><p><strong> </strong></p><p><strong>Abstrak</strong></p><p>Sebagai lembaga yang memiliki kewenangan dalam menangani pengaduan atas pelayanan kesehatan, Majelis Kehormatan Disiplin Kedokteran Indonesia (MKDKI) memiliki tugas untuk menentukan ada tidaknya kesalahan yang dilakukan oleh dokter atau dokter gigi dalam penerapan disiplin ilmu kedokteran dan kedokteran gigi yang tidak sesuai dengan standar profesi medik. Kewenangan ini tercantum dalam ketentuan Pasal 66 Ayat (1) Undang-Undang Nomor 29 Tahun 2004 tentang Praktik Kedokteran. Akan tetapi, disharmoni antara ketentuan Pasal 66 Ayat (1) dengan Ayat (3) dan beberapa regulasi yang terkait dengan bidang kesehatan seakan menegaskan peranan MKDKI dalam menentukan unsur kelalaian pada saat suatu dugaan pelanggaran seperti malpraktik medik. Penelitian ini dilakukan untuk mengkaji tentang akibat hukum dari disharmoni peraturan perundang-undangan di bidang kesehatan itu serta dampaknya terhadap praktik kedokteran Indonesia. Melalui tulisan ini diharapkan dapat diperoleh kesimpulan dan saran-saran yang relevan yang dapat diterapkan untuk mewujukan pembangunan kesehatan yang berkualitas untuk masyarakat.</p><p><strong> </strong></p><p><strong>Kata Kunci:</strong><strong> </strong><strong>Hukum Kesehatan, Hak Pasien, Eksistensi MKDKI</strong></p>

Virtue Ethics and Medical Law

2019 ◽  
pp. 11-25
Author(s):  
Robert Gay
Keyword(s):  
Virtue Ethics ◽  
Medical Practice ◽  
Moral Philosophy ◽  
Human Action ◽  
Moral Life ◽  
Best Interests ◽  
Medical Law ◽  
Human Flourishing ◽  
Course Of Action ◽  
Medical Teams

Virtue ethics is a way of viewing the moral life in terms of the necessary dispositions which shape human action towards the good, and towards human flourishing. Thinking of the moral life in terms of virtue was the dominant approach to moral philosophy in ancient and medieval thought. Although largely absent as a major strand of thought in moral philosophy after the Enlightenment, it has key features which challenge the dominant approaches in moral philosophy. The second half of the twentieth century saw a revival in virtue ethics, inspired by philosophers such as Anscombe and MacIntyre. The Hippocratic tradition provides a virtue framework for medicine, and the revival of virtue ethics has led to further work to explore the importance of virtue in medical practice. In the morally and technically complex world of medical practice, the virtues of prudence, justice, fortitude, and temperance are necessary for the doctor to act according to the best interests of the patient, which are in line with the proper ends of medicine. The law has a role in prohibiting acts which are not in accordance with the ends of medicine, which cannot be virtuous. It also has a role in helping to arrive at prudential decisions in cases where there are disputes between patients or their families and medical teams about a best course of action. Finally, medical law should have a role in cultivating virtue within medicine for the benefit of patients and doctors.

scholarly journals Comparative Legal Analysis Of Issues Of Enforcement Of Rights Of Individuals In The Criminal Proceeding Of The Republic Of Uzbekistan And Republic Of Kazakhstan

2021 ◽  
Vol 03 (02) ◽  
pp. 105-110
Author(s):  
Dildora Bazarova ◽  
◽  
Kanat Utarov ◽  
Keyword(s):  
Comparative Analysis ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Distinctive Features ◽  
Criminal Proceeding ◽  
Public Control ◽  
The Republic

The article provides a comparative analysis of the development of ensuring the rights of individuals in two post-Soviet republics; it also gives distinctive features and trends in the development of guarantees of rights in criminal proceedings. The issues of participation of prosecutors and lawyers in the criminal process, the role of public control over the criminal process are considered by the author.

scholarly journals Diagnostic and treatment algorithm for anaphylactic shock of the Self-regulatory organization of the “National board of phlebologists” Association

2021 ◽  
Vol 18 (1) ◽  
pp. 157-160
Author(s):  
Article Editorial
Keyword(s):  
Adverse Effects ◽  
Medical Practice ◽  
Local Anesthetics ◽  
Anaphylactic Shock ◽  
Treatment Algorithm ◽  
The Self ◽  
Evidence Based ◽  
Medical Law ◽  
National Board ◽  
Regulatory Organization

Many phlebologists today work in ambulatory settings, using both local anesthetics and sclerosants. Cases of anaphylactic shock are rare, but its consequences can be catastrophic. At the request of the self-regulatory organization of the “National College of Phlebologists” Association with the support of “Servier” company, the legal partner of the LLC “Faculty of Medical Law” board, together with leading anesthesiologists-resuscitators, has developed an easy-to-understand and easy-to-deliver information Algorithm for the diagnosis and treatment of anaphylactic shock. This algorithm will not only reduce the risks of adverse effects of anaphylaxis for the patient, but will also protect the physician in case of litigation, as it is prepared with references to current sources of evidence-based medical practice and regulations.

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