FROM LAW AT THE CROSSROADS TO THE ESTABLISHED SYSTEM OF NORMS Cover Image

OD PRAVA NA RASKRŠĆU DO ZAOKRUŽENOG SISTEMA NORMI
FROM LAW AT THE CROSSROADS TO THE ESTABLISHED SYSTEM OF NORMS

The Development of Medical Law, with Reference to Serbian Law

Author(s): Hajrija Mujović
Subject(s): Law, Constitution, Jurisprudence
Published by: Advokatska komora Vojvodine
Keywords: legal sciences;legal disciplines; Medical law;narrower and broader term; Health legislation;

Summary/Abstract: The subject of this article is to clarify the role and specificity of Medical law as a scientific discipline and a particular area of law. The aim is to investigate, through medicolegal settings, the broadening of the legal regulations in the field of performing medical activities with the goal of protecting human health; what is the role of health legislation, with references to the historical, developmental dimension, as well as to the character of the sources of Medical law. In doing so, the particular topic of consideration is the issue of conceptual delineation and relation to other related fields, especially Health law. In the beginning, Medical law was shaped by the merging of a large number of different branches of law: Human rights, Contract and Torts law, Property law, Family law, Public law and Criminal law. Medical law was not autonomously studied as an independent discipline, while today it is widely accepted in the field of Law studies. However, there is still some ignorance of this discipline, even among its supporters, as to what subjects it involves and how it differs from other areas of law. Academic staff is looking for more space for this discipline. The analysis of disputed medical cases, as well as the development of legal institutes and the practice of Medical law has become a subject of increased attention in Serbian law. The conclusion is that the field of Medical law has undergone an expeditious development, while at the same time contributing to the full recognition of rights for various categories of patients. In addition, the discipline of Medical law is gaining international prominence through the emergence of increasingly topical global health issues, and the collaboration of states and scientific communities on matters relating to international Medical law