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• The civil liability of the medical doctor

  28-42

  György Juhász

  Views:

  237

  The article wish to briefly cover the civil liability of the medic. The actuality of this topic is exemplified well by the fact that court trials for compensation of damages against healthcare providers show an increasing tendency year by year. It is deem important to briefly delineate the drawing of line between the civil and criminal liability during the presentation of the civil liability. After speaking about issues of drawing of line, the study is going to cover the effective liability for damages of the medic. While explaining the liability for damages of the medic, it will cover the concept of legal nature of invasive procedures, matters concerning the liability of healthcare institutions, and the basic topics of tort and contractual liability. The article is going to introduce the issues concerning illegality, the patient’s right to self-determination, his or her right to information, the obligation of medics to disclose information, in addition to matters related to the concept of the legal nature of informed consent along with the connected judicial practice in the chapter about the informed consent of the patient. As for closure, during the analysis of issues regarding evidence, it wish to cover the rules of culpability, the choice for healing methods of medics, and medical documentation, respectively.

• Patient’s right to self-determination and its interpretation in case law

  145-172

  Judit Zákány

  Views:

  93

  The aim of the study is to examine the patient's right to self-determination and the present issues of legal interpretation. The right to self-determination – along with the right to information – is one of the most important patient’s right. It ensures that the patient can be a well-informed person, who is not just a vulnerable subject suffering from lack of information. If this right prevails properly, the patient is able to make decisions based on his own interests and values during his medical treatment.

  The focus is on the narrower interpretation of the right to self-determination, namely the consent to interventions, as well as its limits and the exercise of the right by deputy decision-makers. In addition to the legal content and interpretation of the right, we consider it important to cite examples of recent case law from the last few years and to present the most significant findings. The examination of the right of self-determination is current and necessary, since the legal disputed related to this are still present nowadays, and the case law is constantly evolving in this area.

• From the patient's right of contact

  Mihály Petkó

  Views:

  106

  Man is a social animal, it is important for colleagues to meet, create a relationship with them, to communicate, ideas, exchanging information. Human relationships are determined by the identity of a specific person, place in society, so it should be a fundamental right for all people in contact with the law. However, in certain life situations exercising these rights is necessarily limited, undermined, need frameworks. One of those situations in life with participation in health care in which the patient has to adapt in health care provider operating schedule, however, the Trustee is required to ensure the exercise of the right contacts.

  The most prominent of patients' rights to human dignity, which is inferred from a mother right, from which a number of other important rights. One of these is the right to self-determination, which guarantees freedom of action of the human as an individual incapacity depending autonomous. For patient care recipients should be subject to the fundamental distinction that whether it is inpatient or outpatient care. In the latter case, it also suffers from significant limitations on the patient's right to self-determination , including personal freedom, opportunities for contact with other people. The right to self-determination in a specific part of the realization of rights is thus involved in the regulation of the contact, as during inpatient care plays an important role.

  In today's modern society, the means of communication, networks of past explosive development, get more involved in the exercise of the right to life, human relations than before, with the elimination of the technical obstacles the spatial and temporal obstacles easily can be prevented. Life situation of the theme chosen exercise of the right of communication is of particular importance, because the patient's recovery depends not only on only physical but also mental condition, recovery can define what social relations, quality, intensity. The correspondence law of the health care law more the privileges include such other persons entitled to take the patient's inpatient sanitation place either in writing or orally to maintain contact, to receive visitors, the people he set out to exclude the visit , prohibit the fact of his treatment or the other information related to medical treatment reveals other.

  The context of the law of correspondence can be said that relatively little addressed by legislators and by expanding the scope of the practice of law in the content, but would consider appropriate where more attention is added. It would be good detailed arrangements for the exercise of creating the right framework for the so - to clarify the scope of everyday objects, to establish rules for their use of health services that are appropriate for the task to allow the exercise of these rights - the first line telecommunications.