Criminal liability in medical law This diploma thesis deals with a criminal liability in medical law, especially with a criminal liability of providers of healthcare, which are not only individuals, but also legal entities. This thesis also compares Czech criminal and medical law with criminal and medical regulations in the Russian Federation. The thesis itself is divided into three chapters, which are subdivided into several sections. In the first chapter the criminal liability in medical law is analysed generally. It concerns general aspects of criminal liability, possible crimes, conditions under with healtcare services may be provided without any criminal sanction and other types of liability in medical law, such as civil, labour, administrative and disciplinary liablities. It introduces into criminal law and medical law in the Russian Federation. The second chapter defines providers of healthcare and shows those providers as possible subjects of criminal liability. It also describes the system of healthcare in the Czech Republic and compares it with the extensive system of healthcare in Russia. The criminal liability of legal entities is presented in chapter three. The Czech legislation from the year 2016 regarding the criminal liability of legal entities is discussed in consideration of...

A presente dissertação busca aproximar o compliance penal ao cotidiano do profissional da medicina. Será analisada a possibilidade de o instituto, que tem por foco a pessoa jurídica, ser aplicado diretamente a pessoas físicas. As questões penais que envolvem a medicina também serão levantadas, com foco nos principais tipos penais que podem se apresentar no dia a dia do profissional. Será discutido se a adoção de normas de compliance consistiria uma assunção de culpa em caso de violação destas, e como esta implementação pode ser vista à luz da teoria da imputação objetiva. Estudaremos a teoria do erro de James Reason e os conceitos de Cultura Justa, ambos ferramentas que auxiliam na criação de normas preventivas. Forneceremos um delineamento geral dos elementos que devem, idealmente, compor o compliance para os profissionais da medicina. Analisaremos acórdãos do Tribunal de Justiça do Estado de São Paulo, com breve apontamentos acerca do atual panorama dos processos criminais que envolvem questões médicas. A conclusão busca responder se a adoção do compliance se justifica frente a todo o analisado, e se é benéfica para os profissionais. / This work tries to approximate the criminal compliance to the medical professional\'s daily life. It analyses the possibility of applying the institute, which is focused on corporations, directly to individuals. Criminal issues involving the field of medicine will also be raised, focusing on main crimes that can arise on daily activities. We will discuss if the adoption of standards of compliance would be seem as an assumption of guilt in case of violations of those, and how this implementation can be seen in light of the Theory of Objective Imputation. We will study the errors theory of James Reason and the concepts of Just Culture, both tools that assist in the creation of preventive standards. We provide a general outline of the elements that should ideally comprise the compliance program to medical professionals. We will analyze decisions of the Court of Justice of the State of São Paulo, with brief notes about the current situation of litigations involving medical issues. The conclusion seeks to answer whether the adoption of compliance methods can be justified at all, and if it is beneficial for the professionals.

66 Abstract Legal issues of gametes in relation to assisted reproduction The thesis deals with the issue of assisted reproduction with a specific focus on gametes and some issues that are associated with them. In order to better understand contradictory opinions and views on a particular issue, the Czech legislation is compared with the British legislation. Then, in each individual case, it is assessed which country has dealt with the problem better, using a comparative method. The introduction of the thesis deals with assisted reproduction in general, especially from the point of view of definition of the concepts and historical development of this issue. Subsequently, the basic legal framework for assisted reproduction is defined both in the Czech Republic and the United Kingdom. Briefly, there are also summarized the most basic requirements for gametes donors in both countries. In terms of specific problems related to gametes, much of the work focuses on the anonymity of sperm donors, in particular summarizing the most important arguments of its opponents and subsequently refuting these arguments. The conclusion of this chapter submits why, in my view, the anonymity of sperm donors should be maintained. The next part is devoted to financial rewards for donation of gametes, their admissibility and amount....

A presente dissertação busca aproximar o compliance penal ao cotidiano do profissional da medicina. Será analisada a possibilidade de o instituto, que tem por foco a pessoa jurídica, ser aplicado diretamente a pessoas físicas. As questões penais que envolvem a medicina também serão levantadas, com foco nos principais tipos penais que podem se apresentar no dia a dia do profissional. Será discutido se a adoção de normas de compliance consistiria uma assunção de culpa em caso de violação destas, e como esta implementação pode ser vista à luz da teoria da imputação objetiva. Estudaremos a teoria do erro de James Reason e os conceitos de Cultura Justa, ambos ferramentas que auxiliam na criação de normas preventivas. Forneceremos um delineamento geral dos elementos que devem, idealmente, compor o compliance para os profissionais da medicina. Analisaremos acórdãos do Tribunal de Justiça do Estado de São Paulo, com breve apontamentos acerca do atual panorama dos processos criminais que envolvem questões médicas. A conclusão busca responder se a adoção do compliance se justifica frente a todo o analisado, e se é benéfica para os profissionais. / This work tries to approximate the criminal compliance to the medical professional\'s daily life. It analyses the possibility of applying the institute, which is focused on corporations, directly to individuals. Criminal issues involving the field of medicine will also be raised, focusing on main crimes that can arise on daily activities. We will discuss if the adoption of standards of compliance would be seem as an assumption of guilt in case of violations of those, and how this implementation can be seen in light of the Theory of Objective Imputation. We will study the errors theory of James Reason and the concepts of Just Culture, both tools that assist in the creation of preventive standards. We provide a general outline of the elements that should ideally comprise the compliance program to medical professionals. We will analyze decisions of the Court of Justice of the State of São Paulo, with brief notes about the current situation of litigations involving medical issues. The conclusion seeks to answer whether the adoption of compliance methods can be justified at all, and if it is beneficial for the professionals.

Title from PDF of title page. / Document formatted into pages; contains 165 pages. / Thesis (M.A.)--University of South Florida, 2002. / Includes bibliographical references. / Text (Electronic thesis) in PDF format. / ABSTRACT: The doctrine of informed consent, defined as respect for autonomy, is the tool used to govern the relationship between physicians and patients. Its framework relies on rights and duties that mark these relationships. The main purpose of informed consent is to promote human rights and dignity. Some researchers claim that informed consent has successfully replaced patients&softsign; historical predispositions to accept physicians' advice without much explicit resistance. / Although the doctrine of informed consent promotes ideals worth pursuing, a successful implementation of these ideals in practice has yet to occur. What has happened in practice is that attorneys, physicians, and hospital administrators often use consent forms mainly to protect physicians and medical facilities from liability. Consequently, ethicists, legal theorists, and physicians need to do much more to explain how human rights and human dignity relate to the practice of medicine and how the professionals can promote them in practice. / This is especially important because patients' vulnerability has increased just as the complexity and power of medical science and technology have increased. Certain health care practices can shed light on the difficulties of implementing the doctrine of informed consent and explain why it is insufficient to protect patients' rights and dignity. Defining a normal biological event as a disease, and routinely prescribing hormone drug therapy to menopausal women for all health conditions related to menopause, does not meet the standards of free informed consent. / Clinicians provide insufficient disclosure about risks related to long-term use of hormone therapies and about the absence of solid evidence to support their bias toward hormone therapies as a treatment of choice for menopause related health conditions. The contributing problem is women's failure to act as autonomous agents because they either choose not to take an active part in their own therapy or because they fear to question physicians' medical authority. To insure that patients' autonomy and free choice are a part of every physician-patient interaction, physicians and patients need actively to promote them as values that are absolutely indispensable in physicians' offices, clinics, and hospitals. / System requirements: World Wide Web browser and PDF reader. / Mode of access: World Wide Web.

Thesis (L.L.M.)--York University, 2000. / "Graduate Programme in Law, Osgoode Hall Law School, York University." Includes bibliographical references. Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://wwwlib.umi.com/cr/yorku/fullcit?pMQ59546.

Introduction: There is little empirical evidence on voluntariness of participation in clinical trials due to absence of acceptable measures and universally accepted conceptual frameworks of voluntariness. Methods: A cross-sectional study was conducted in Zimbabwe to examine participants’ motivations, levels of voluntariness and perceptions about the effect of offers, pressures and threats on decision making. One hundred participants were recruited from an ongoing diagnostic trial. Questionnaires adapted from published research, the Perceived Coercion Scale and Voluntariness Ladder were used for data collection. Results: The need to access diagnostic services and treatment for tuberculosis was the main motivation for enrolment in the trial. Participants were not coerced to particpate in the trial but were offered bus fare. The offer had no effect on their decision to enroll in the trial. Conclusion: Immediate health benefits have a key impact on participants’ decisions to enrol in a clinical trial of a diagnostic technique. A comprehensive conceptual framework together with validated tools for assessing voluntariness in African contexts should be developed. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Introduction: Citizens of developing countries are often in vulnerable situations because of illiteracy, unfamiliarity with medical interventions, effects of war resulting in famine, and extreme poverty. The health-related conditions that arise out of these situations however make research in these populations vital and increasing funding for research on diseases that affect the world 's poor is making such research possible. The resulting tension between the need for research and the possibility of exploitation of participants' vulnerability, mandates the development of reliable ways of ensuring that participants' consent is voluntary, adequately informed and well understood. The Nuremberg Code emphasises the requirement of voluntariness in informed consent by insisting that participants should be able to exercise freedom of choice without the intervention of any element of force, fraud , deceit, duress, or other forms of constraint or coercion. Aim: This study assessed research participants' understanding and voluntariness of informed consent in a clinical trial. Methods: The study design was a cross-sectional analysis of the informed consent process. It consisted of qualitative and quantitative components. It was a cross-sectional survey of 75 research participants in a malaria clinical trial using questionnaires in the from of forced-choice check lists and patient self-report to assess voluntariness and understanding of informed consent. Data were analysed using SPSS V 17. Results: All the respondents involved in the clinical trial gave consent before they were recruited. The reasons for consenting to participate in the clinical trial ranged from the opportunity to get treatment (28%), opportunity for diagnosis of ailments (32%), to prevent illness (36%) and to receive information about medical care (4%). The major benefits participants attributed to taking part in the research were the opportunity to obtain treatment (59%), diagnostic tests (35%) and education (6%). Among the research participants, 10.7% believed that they should be paid for participation and about 8% felt that payment could influence their decision to participate because it could act as a motivation. They could however not proffer an amount that they would consider significant enough to influence their decision. There was no significant association between factors that influenced participation and age (p=0.533), sex (p=0.342), education (p=0.078), religion (p=0.144) and marital status (p=0.239). Almost all (98.7%) participants claimed that they had understood the information given to them during the consent procedure and they all gave consent without consulting anybody apart from the medical personnel.The majority of respondents - 74 (98.7%) - stated that they were not allowed to go home with the informed consent document, while 1(1 .3%) of the respondents said there was no need to go home with the informed consent document. In the assessment of understanding using the forced-choice checklist, however, only 37% understood issues concerning randomization of participants and only 28.8% understood issues about compensation for research related injury. Discussion and Conclusion: In this study, the voluntariness of participants was influenced by factors related to the benefits accrued through participation. The need for participants to make free and informed choices based on adequate information given by the investigator cannot but be emphasized as a right and not a privilege. In light of the limited understanding about randomization and injury compensation identified in this study, there is a need for additional protection of vulnerable populations. This could be in the form of allowing adequate time to enable the improvement of participants' understanding of the consent form, using innovative ways of explaining complex concepts such as randomization, and providing the necessary support to facilitate participants' right to self-decision, except when they are incapable of consenting. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Background. An inherent challenge in HIV prevention studies is making sure that trial participants understand the information. This study explored trial participants’ perceptions and comprehension of the informed consent process in a pre-exposure HIV prevention study. Method. Face-to-face in-depth interviews, using a study guide, were held with twenty interviewees purposively selected from ex-participants of an HIV prevention study. Audio-recorded data were transcribed, translated, coded using NVivo 8, and analysed according to themes. Results. The participants were all women between the ages of 18 and 40. Participants felt that key information had been given during the informed consent process. Most felt that the process of obtaining informed consent was rushed with some participants citing a need for more time to make a decision regarding participation. Some participants felt pressured to sign consent forms. Some found it difficult to ask questions and mixed feelings existed on male partner involvement in the decision-making process. Conclusions: Participants experienced the consent process as rushed and most only fully comprehended study concepts with time. Their concerns necessitate the reassessment of informed consent processes in a developing world setting. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, Pietermaritzburg, 2012.

Probabilities, an essential dimension of risk communication, can be presented in various formats including frequencies (e.g., 1 in 10), percentages (e.g., 10%), or verbal phrases (e.g., unlikely); the literature is mixed concerning which format best supports comprehension. Additionally, it is not well understood how people who vary in their level of numeracy understand those probabilities. The goal of the present three-phase within-participant study was to understand how the factors of format and numeracy influence comprehension and mental representations of probabilities for younger and older adults. Overall, the results of this research clearly indicated that comprehension and mental representation of health risk probabilities are influenced by format, age, and numeracy. To best support comprehension and comparison of health risk probabilities for younger adults and healthy older adults with varying numeracy, percent format should be used.