This diploma thesis goes into a problem of the legal interpretation of the term lex artis, which some authors describe as well-known term of unknown content. Generally, this term relates to the activities of doctors and other health care professionals within taking care of patients, and usually we can meet with the ablative lege artis, which is used to denote a professionally correct action. This term is in common usage also in the reference books and case law where the breach of the duty to act lege artis is considered to be a precondition for liability of physician or health care provider for injury to the patient. Certain difficulty of using the term lex artis lies in the fact that the legislation in force does not mention not even define this term and its meaning must therefore be inferred from legislation by interpretation. For the legal definition of lex artis is from 1st April 2012 considered the provision of s. 4 (5) of Act No. 372/2011 Sb., about Health Services and Terms (the Health Services Act), as amended, which defines appropriate professional standard of providing health services and which is from the early beginning criticized by the part of professionals for its alleged conflict with patients' rights guaranteed by the Convention on Human Rights and Biomedicine. The aim of this...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:323514 |
| Date | January 2013 |
| Creators | Mikulová, Magdalena |
| Contributors | Šustek, Petr, Hendrychová, Michaela |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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