Soukromoprávní aspekty poskytování lékařské péče

Abstract

56 Private law aspects of providing medical care - summary Chapter one outlines the legislation concerning the position of patient. At first it describes the onstitutional base of patient's rights, which can be found in the Charter of Rights and Freedoms (the integral part of the Czech Constitution). Then the international treaties are presented, with special concern focused on the Convention on Human Rights and Biomedicine. The Convention entered in force in Czech Republic in 2001 and it takes precedence over national laws. Those are mentioned in next part, amongst them especially the Care for the Health of the People Act. The Act was created in 1966 in a different political and social situation, have been amended many times since then and it is quite obsolete by now. There were several legislative proposals created to replace it, but none of them became law. The last of these proposals, the governmental bill of the Health Services Act, serves as a comparison with the current regulation in some parts of Chapter Two and Three. Chapter two analyzes the circumstances under which an intervention in the health field can or cannot be carried out on a person. Considerable attention is paid to informed consent of patient, including instructions provided to him or her about all relevant aspects of the intervention....