Sources of health law and the boundaries of the discipline - Components of health law
16 important questions on Sources of health law and the boundaries of the discipline - Components of health law
Why is there a movement from medical law to health law?
- Law's engagement can no longer only be seen in terms of interface between doctors and their legal obligations
- Health care products and services can be accessed directly
- Medical law: focus on doctor as a gatekeeper
There is a medical malpractice crisis due to an increased number of legal processes, why?
- patients face a heavy burden of proof
- expensive and time-consuming procedure
- risk of defensive medicine
- insurance has become far more expensive for society
Several states introduced alternative compensation schemes
- BE: medical accident funds: compensate during the proceedings
Access to medical professions is subject to...
- health care practice is subject to licensing
- specific rules for blood banks, etc
- practice guidelines and standards
- Higher grades + faster learning
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What have been the recent challenges concerning professionals?
- Multidisciplinary cooperation between different professionals and institutions
- focus shift from professional- to patient-oriented approach
Which 2 types of national public health care systems exist in the EU?
- funded by public taxation
- benefits-in-kind system
- bv. UK, Spain, Italy
2) National health social insurance systems
- compulsory insurance systems
- administration of health insurance may be entrusted to public or semi-public bodies (>< UK: private insurance)
- bv. BE, FR
What is the role of the state concerning health?
- Authority and responsibility to ensure the conditions for the populations health
- Concern for preventing spread of communicable diseases
- bv. Mad cow disease
- Regulation of experimental procedures & clinical research
What specific regulation does the state need to provide for experimental procedures & clinical research?
- Consent to participation and specific rules for vulnerable groups
- children, mentally ill, prisoners
- Relationship between public and commercial interests
- bv. Orphan diseases: on national level not important enough
What is human material?
- Organs for transplantation
- blood
- plasma
- tissues
- cells
What are the reasons for regulating human material?
- Safeguard quality and safety
- respect for individual decision making autonomy and bodily integrity
Which instruments have been created by the Council of Europe concerning health and human rights?
- ECHR: European Convention on Human Rights and Fundamental freedoms
- Convention on Human rights and Biomedicine
Which instruments are important on EU level concerning health and human rights?
- Charter of fundamental rights
On which articles does the ECHR base it's case law concerning health law? Which cases?
- Lambert v France
Art. 3: right not to be subject to inhuman/degrading treatment
Art. 8: right to respect for private and family life
Which instruments come from the United Nations concerning health law?
- UVRM (1950)
- ECOSOC
- Rights of the child & persons with disabilities
What is the legal status of the discussed international treaties and declarations?
- they can be very influential on EU and national law
- indirect influence on the health law in different countries
Health law is concerned with...
Public health law is concerned with...
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