Law in healthcare 02 Question no. 1 •What is the purpose of the law in healthcare? Social role? Two main masses of Law •PUBLIC LAW •Constitution •Hierarchy •Enforcement •Formal process • •PRIVATE LAW •Individual •Equality •Authonomy •Freedom • • Soudní kladívko Podání ruky The rights and obligations of citizens in health care •(from yesterday) • Patient has rights: Patients rights (what the group thinks) • • Rights of the patient (§28 HCA) Rights of the patient (§28 HCA) Rights of the patient (§28 HCA) Rights of the patient (§28 HCA) Obligations of the patient (!) a)to follow a designed individualized treatment procedure b)to follow the internal rules, c)to pay the provider cost of health services provided to him with his consent d)truthfully inform healthcare professional about the development of health condition, including information on infectious diseases e)not to drink alcohol or use other addictive substances during hospitalization and undergo in justified cases examination in order to establish whether or not is the patient under the influence of alcohol or other addictive substances at the discretion of the attending physician • Refusal to provide healthcare services It is important to distinguish •transfer the patient to another healthcare provider •There are no longer reasons for the provision of healthcare services; does not apply in the case of the registering provider •patient refuse the provision of all healthcare services, •patient severely restricts the rights of other patients •deliberately and systematically fails to comply with the proposed individual medical procedure, if he gave his consent to the provision of health services, •Does not follow internal rulles •does not cooperate; Informed consent with medical performance; denial of medical care • Distinguish • •Informed consent •Free of will •Informed • •Information about health condition •notified upon admission to healthcare •Always if it is purposeful •The patient may waive Information about health condition •about the disease, •the purpose, nature, expected benefits, potential consequences and risks of the proposed health services •other possibilities, their suitability and risks • another needed treatment, •restrictions and recommendations in the way of life with regard to health conditions •options •To waive the right to be informed about health condition •identify the persons to whom the information may be given or to impose a ban on reporting on health condition according to § 33. • Written form of a consent • •Consent with hospitalization must be in writing. • •Written form of a consent must be where it is required by law or a provider. • •Remember HCA, transplantation Act, Refusal to treatment Previously expressed wishes When it is not necessary to respect the previously expressed wishes? a)From the expression occurred such developments on which basis it can be reasonably assumed that the patient would give his consent; b) b)Patient encourages to cause his death, c) c)Its fulfillment could threaten others, d) d)If the provider started a healthcare procedures at the time he did not know previously expressed wishes and interruption of such procedures would lead to an active cause of death. Underage patient • •it is necessary to know his opinion on the planned provision of health services if it is appropriate to his age and maturity. •the importance of his opinion increases in proportion to age and degree of maturity. •The intended health services can be provided to an underage patient on the basis of his consent if the execution of such procedure is appropriate to his mental and moral maturity and corresponds with his age. • Hospitalization and provision of health services without consent The patient can not give his consent Obsah obrázku text, kniha Popis byl vytvořen automaticky Importance of information and privacy today The requirement of ethics Special sensitivity of health information White pillars The legal concept of privacy • Charter of Fundamental Rights and Freedoms (Art. 10) Privacy Personality Specific regulations in healthcare The rules of the Civil Code Protection of human appearance How to obtain a consent •(Medical secret) • Privacy contra Confidentiality •Protection from identifying and collecting personal data • •Protection against unauthorized access to information • •Protection from capturing photographs, recordings and records • •Preventing the spread of information to which the medic gained access • •Even if you obtained that information legally • Law on Healthcare Services Who is bound by the obligation of confidentiality? • •Health workers and other professionals in connection with the exercise of their profession, including those who are no longer in employment, and information obtained in connection with the former exercise of the profession of healthcare professional • •Persons acquiring competence to pursue the profession of healthcare professional (aka students) “Medical secret” Confidentiality conceived in very broad terms •All facts with which healthcare professionals meets •Diagnosis • •Medical procedure • •Information about relatives (family history) • •Any information regarding patient • • > Obsah obrázku box, kreslení Popis byl vytvořen automaticky Medical documentation Maintenance of a medical records Medical documentation • •The law imposes to keep medical records conclusively truthfully and legibly! The information in it must be continuously and promptly updated • •Correction of an erroneous entry in the documentation is done by striking out with one line (the entry, even the erroneous one, must remain legible) • •It always must be clear who made which notation! • Access to a medical documentation Healthcare professionals Patient Family, relatives, survivors of the deceased Students and a medical documentation Sanctions • Information requests about the health status of a patient by persons other than the patient Family of a patient Disclosure of health information • •Information about health of a patient are being given by the attending medical personnel! • •Students of medical faculties do not give any information about health of patients to anyone, even family members of the patient! • When is it possible to breach a confidentiality? How to obtain a consent Information on patients' health requested by public authorities Obligation to notify Remember! Conclusion Sanctions for unauthorized breach of confidentiality Criminal penalties Administrative sanctions Private Law Penalties Disciplinary sanctions Thank you for your attention