The Concept of the Patient’s Autonomy: From the Vaults of Civil Law

The concept of patient’s rights itself was fairly known before the last four or five decades, and medical malpractice of all kinds made the aggrieved party to seek redress at a court; but no special legislation, apart from rare exceptions, has ever existed to anchor the patient’s rights before the late 20th century. In the civil law tradition of the 20th century, especially its earlier decades, doctors could be held criminally or civilly liable for a wide variety of malpractice, including unauthorised medical intervention or divulgation of patient’s information, though such provisions did not develop actual rights, were quite general in their nature, and were individually assessed by the courts in each case. Within in the gradual change in the doctrines of medical law, the term “autonomy”, shaping the patient’s right to decide what medical interventions could or could not be performed upon his body, intervened into the existing legal scholarship, which was later augmented with various issues, such as access to medical records of the patient, refusal of blood transfusion, participation in medical experiments, deciding upon end-of-life situations or relating to various reproductive law considerations, not always permitted by national law. Many of these rights are much older than the concept of patient’s autonomy themselves, and have developed in the case law which itself has originated from lawsuits against doctors and hospitals for acts, being nearly obscure in the existing legal doctrine, such as unauthorised medical experiments. The given paper is aimed to discuss the academic development and overall gist of the patient’s right to autonomy, as well as some of its early interpretations in civil law doctrine. Keywords: patient’s rights, medical malpractice, theory of law, medical law, patient autonomy, civil law.

Forensic and pharmaceutical research on the impact of drugs on the safety, life and health of road users within the organization of pharmaceutical business, drug technology, pharmaceutical and medical law in Ukraine

Background. Around the world, drug-related road traffic accidents are one of the leading causes of injury and death among road users. Traffic safety is a system that includes the following components: a person – a person's health condition – the use of dangerous drugs of different classification and legal groups – adverse drug reactions – a vehicle – a road. The share of road traffic accidents under the influence of drugs is more than 75 %, they are also the most socially dangerous, because they have grave consequences, cause irreparable harm to the health and death of the victims. The purpose of the study was to analyze the achievements of forensic and pharmaceutical researches in Ukraine on the impact of drugs on the safety, life and health of road users within the framework of the organization of pharmaceutical business, drug technology, pharmaceutical and medical law in a retrospective aspect. Materials and methods. The materials of the imperative research were legislative, regulatory and legal documents; materials of the formation of the scientific school of forensic pharmacy; scientific publications on the topic of the article; Internet resources, sources of scientific literature. To achieve the set goals, the methods of forensic and pharmaceutical, regulatory, documentary, bibliographic, comparative, historical and graphic analysis were used. Results. The experience of the countries of the world in the prophylaxis and prevention of road traffic accidents under the influence of drugs was analyzed. The causes and conditions for the occurrence and consequences of road traffic accidents are multifactorial in nature and are associated with the victims (driver - pedestrian), vehicle, road conditions, and the use of psychoactive drugs. A system of organizational, regulatory and preventive measures has been developed to provide first medical aid to victims of a road traffic accident. Shown that there is a need for scientifically grounded organizational and legal, clinical and pharmacological, forensic pharmaceutical and socio-economic studies on causal relationships between adverse reactions due to the use of drugs of various classification and legal groups, traffic safety and road traffic accidents. For the first time in Ukraine, a mathematical model was proposed to establish the effect of psychoactive drugs on the driver's condition when driving a vehicle, depending on the calculation of the stopping path of the car in accordance with the selected speed and a decrease in the driver's response. The structure of road traffic accidents under the influence of psychoactive drugs has been investigated. Conclusions. A classification of first-aid kits for providing first medical aid to victims of road traffic accidents was proposed, which made it possible to substantiate the need to improve them both in qualitative and quantitative composition, depending on the type of vehicle and the likelihood of an accident with serious consequences. Recommendations were proposed for providing information on the possibility of obtaining medical care and the signal-calling system on the roads, marking the packages of psychoactive drugs with a special mark in the form of a red triangle. The need for further forensic pharmaceutical research has been proven.

Development of forensic and pharmaceutical researches within the organization of pharmaceutical business, drug technology and pharmaceutical law in Ukraine concerning the turnover of controlled drugs and substances

Background. In recent years, the COVID-19 pandemic has spread and is developing in all countries of the world without exception, affecting not only medical and pharmaceutical, but also social, economic, toxicological and criminal aspects. In such conditions, it is of great importance in the field of healthcare and the pharmaceutical industry of Ukraine to improve the system of legal relations "doctor-patient-pharmacist", based solely on the principles of pharmaceutical and medical law. Among the components of medical and pharmaceutical law there is forensic pharmacy, which studies the causes of offenses in the field of healthcare. The purpose of the study was to analyze history of formation and development of forensic and pharmaceutical researches in Ukraine within the organization of pharmaceutical business, drug technology and pharmaceutical law. Materials and methods. Legislative and regulatory documents were used in the study; scientific publications in the field of "forensic pharmacy"; Internet resources. Normative and legal, documentary, historical, bibliographic, forensic and pharmaceutical, comparative and graphic methods of analysis were used. Results. Forensic pharmacy in the world as a scientific field is known and developed since 1946. The article covers the period of 1990-2004. Prominent scientists of Ukraine were of great importance in the formation of forensic pharmacy. The formation of forensic pharmacy began with the generalization of forensic and pharmaceutical practice in historical retrospect "from police chemistry to forensic chemical and pharmaceutical examination – from forensic pharmacy to pharmaceutical law and medical law" with the support of prof. Chernykh V.P. In the period of 1997-2003, the development of forensic pharmacy took place by improving the regulatory and legal support of the control and licensing system of circulation of medicines. Trends in the prevalence of diseases involving uncontrolled and irrational use and abuse of surfactants have been identified. The causal links between drug addiction, substance abuse and crime have been investigated. The interpretation of "potent", "poisonous" substances in the regulations of Ukraine have been improved. It is substantiated that the main indicator of classifying drugs as "potent" and "poisonous" substance is a forensic criterion that qualifies the consequences of irrational use of drugs by severity of injuries: from mild, moderate to severe injuries, or those that caused fatalities. At the next stage (2003-2004) the scientific and theoretical generalization and the new approach to the decision of a problem which is connected with development of scientifically-based principles of optimization of system of the state control over circulation of narcotic drugs, psychotropic substances and precursors were studied. The possibility of participation of a pharmacy specialist (pharmacist-forensic scientist) at the stages of: investigation, pre-trial investigation in forensic chemical and pharmaceutical studies of physical evidence and participation as a forensic expert in a criminal case in court has been researched. Conclusions. It is substantiated that the formation of forensic and pharmaceutical researches within the organization of pharmaceutical business, drug technology and pharmaceutical law in Ukraine has taken place. Further forensic pharmaceutical research needed to harmonize domestic legislation, international human rights standards in the field of health care, legal regulation of the pharmaceutical market and the medical services market.

PROTECTING PATIENT’S RIGHTS IN A POST-TRADITIONAL LEGAL SYSTEM: COMPARING LATVIAN AND JAPANESE MEDICAL JURISPRUDENCE

Litigation concerning the violation of patient’s rights, which are associated with informed consent, confidentiality, right to information and medical records, as well as occasionally with end-of-life decision- making are quite frequent in common law and civil law jurisdictions, and has lasted for over a century in issues concerning malpractice, or unauthorized medical interventions and breaches of medical confidentiality. However, what could we say about medical law-related litigation in Japan? Technically, the legal system of Japan is a civil law one, but is practically post-traditional, which is reflected in extreme paternalism in healthcare and patient-physician relationships, which could be observed before the recent decades and which still has some impact on the modern Japanese medical law, despite the number of medical law-related litigation is becoming more frequent nowadays. The Japanese legislation does not have a specific “patient’s rights law” in contrast to European states, and most of the principles relating to medical malpractice derive from case law – the practice of the Supreme Court and of the lower courts. Each of the decisions strongly depends upon the factual circumstances, and the post-traditional features of the legal system may have some impact on it.

Polemika s expertním názorem na regulaci náhradního mateřství v České republice

As a key result of the three-year research project is labelled the expert opinion published in the Journal of Medical Law and Bioethics. The aim of the project was to identify and analyse problems related to surrogacy in Czech legislation. The key result does not take into account many aspects of surrogacy. Some stated opinions seem very problematic and most of them need to be explained or, at least, put to the ray of extensive consideration. This article shows other, polemic opinions with hopes to be noticed as an academic discussion on such an important topic.

Medicolegal Perspective on Physician-Induced Demand Issue

<p>This study sheds light on the extent to which the medical law protects patients' rights from Physician-Induced Demand behavior. This study shows that the term of Physician-Induced Demand has not been recognized in health regulations. Meanwhile, some often fail to recall that medical law has protected patients’ right in the therapeutic transaction between doctor and patient through Act No. 29 of 2004; Minister of Health Regulations number 11 Year 2017; Act No. 44 of 2009, Civil Code and Act No. 36 of 2009. In order to reduce Physician-Induced Demand, establishing a guideline of good clinical practice, including the informed-consent guideline is urgently needed. Government should also control the quality and cost of healthcare providers as well as adequate payment system for physicians.</p><p><strong>Keywords:</strong> Physician-Induced Demand; Medical Law; Legal Protection of Patient.</p>

Medical Law Concentrate

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Medical Law Concentrate provides a study and revision guide aiming to cover the essential aspects of this rapidly changing field of law. Topics covered include: the contemporary healthcare environment; medical negligence; consent; confidentiality; and access to medical records. The volume also looks at abortion and prenatal harm, assisted reproduction, clinical research, and organ transplantation. Finally, it covers mental health law and the end-of-life decisions. The work is underpinned by reference to statutory provisions and the common law. Where appropriate, pertinent bioethical and moral principles that often underpin the law in this area are discussed, as well as the influence of quasi-law. Reference is made to key points of comparison with other jurisdictions, as well as some socio-legal considerations.