Informed Consent / Information Obligation / Education / Consent to be Treated Cover Image

Informovaný souhlas / Informační povinnost / Poučení / Souhlas ošetřovaného
Informed Consent / Information Obligation / Education / Consent to be Treated

Author(s): Jana Konečná
Subject(s): Civil Law
Published by: Masarykova univerzita nakladatelství
Keywords: Act no. 372/2011 Coll.; informed consent; information obligation;education; consent to be treated; Civil Code; Czechia

Summary/Abstract: In April 2014, two years elapsed from the effective date of Act no. 372/2011 Coll., on health services (,Health Services Act“), which was part of the laws of the long-awaited government health care reform. The main part of the Act is also a modification of the patient’s consent to the providing of health services, which brought many application problems in practice, as evidenced by an amendment adopted by Act no. 66/2013 Coll., Which come into force effect from 14 March 2013. Another institute change the patient’s consent to the providing of health which come into force from 1 January 2014. Act no. 89/2012 Coll., The Civil Code. In the following paper, the author gives a brief recapitulation of changes and modifications concerning consent to providing of health services in the context of the new legislation enshrined in the Civil Code. The issue of consent, respectively informed consent is elaborated in several publications, all possible sides and angles. This is reflected in from currently effective legislation as the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine (hereinafter, Convention on Biomedicine „) and the provisions of § 31 et seq. Of Act on Health Services and also provision § 2638 of new Civil Code. Just last mentioned modification of legislation brought many difficulties of interpretation, to be discussed in this paper.

  • Issue Year: 22/2014
  • Issue No: 4
  • Page Range: 367-376
  • Page Count: 10
  • Language: Czech