Medical law represents the field of law that regulates the provision of health care, where the key relationship is the relationship between a physician (health care provider) and a patient. The relationship between the physician (medical facility) and the patient is, from the perspective of law, a private relationship with an emphasis on the patient's autonomy, which in practice means that the patient has the right to freedom of choice on any procedures relating to their health and the care of their health.
Medicine is rapidly evolving and medical law is thus becoming more important every day. Historically, the relationship between the physician and the patient also changes from a paternalistic relationship to a partnership. Medical law, as such, is not summarised in a single code, but it is regulated by a number of laws and by-laws, as well as international treaties. It is subject to the provisions of the Civil Code, administrative law, the Criminal Code, as well as the labour law and more.
The key legislation of the medical law includes:
- Czech Constitution and the Charter of Fundamental Rights and Freedoms, outlining the basic rights of the patient, such as the right to life, right to privacy, personal liberty and to be treated with dignity;
- Convention for the Protection of Human Rights and Fundamental Freedoms, MFA communication No. 209/1992 Coll.;
- Convention on the Rights of the Child, MFA Communication No. 104/1991;
- Convention on Human Rights and Biomedicine, MFA Communication No. 96/2001 Coll.;
- Act No. 20/1966 Coll., on Health Care;
- Act No. 66/1986 Coll., on Abortion;
- Act No. 95/2004 Coll. on Eligibility to Perform Medical Profession;
- Act No. 160/2006 Coll., on Health Care in Non-Government Facilities;
- Act No. 48/1997 Coll., on Public Health Insurance.
In the area of health care and pharmacy, the team of lawyers collaborating with Grubner & Partners provides versatile legal consultancy to hospitals, medical facilities, pharmaceutical companies, physicians and patients, funds and endowment funds or other entities providing their services in the field of medicine and health care.
Our range of services is of a very high standard, particularly because of excellent orientation in the pharmaceutical market, knowledge of the medical environment and last but not least, thanks to collaboration with leading experts in the field of medicine.
In this area, we particularly provide our clients with the following services:
- Legal assistance to health care facilities in relation to setting procedures for the provision of health care;
- Strategic advice and consultancy in negotiations with state authorities;
- Representation of hospitals or health care facilities in proceedings for damages caused by medical procedure and operation of a health care facility;
- Public contracts for the purchase of medicines and medical supplies;
- Consultancy and preparation of contracts with health insurance companies;
- Consultancy and preparation of contracts with distributors of pharmaceuticals and medical supplies;
- Legal assistance in the management and disclosure of patient medical records, including filing of documentation;
- Education of patients and the provision of informed consent with medical procedures;
- Admission of a patient for in-patient treatment without their consent, deprivation of legal capacity;
- Confidentiality of medical staff vs. provision of information from medical records;
- Responsibility of the physician and medical facility, compensation for damages to health;
- Establishment of foundations and endowment funds;
- Sponsorship and donation contracts;
- Labour relationships;
- Contracts with physicians, protection of physicians;
- Monitoring of health legislation.
- Legal consultancy and preparation of all documentation in matters of authorisations:
- Registration and deregistration of medicines,
- Production and sale of pharmaceuticals;
- Testing of medicines;
- Importation of medicines;
- Licensing issues;
- Permits for production and distribution;
- Proceedings at the State Institute for Drug Control, Ministry of Health and price regulation concerning drugs;
- Legal consultancy, opinions and preparation of analyses in the field of production know-how, pharmaceutical research, clinical studies and safety of medicines;
- Legal consultancy in the field of marketing, distribution agreements, advertising and ethics;
- Consultancy in the field of waste management in pharmacy;
- Labour relations between pharmaceutical companies and healthcare providers;
- Monitoring of pharmaceutical legislation.
Patients and medical law
The relationship between a physician and a patient is very sensitive, not only in terms of law, but also from the perspective of ethics, confidence and respect. On one hand, there is the physician with their special education and corresponding duties and responsibilities and, on the other hand, there is a patient who has their own rights.
Despite the fact that human life and health is the most precious thing we have, it is not our goal to file unjustified actions against physicians or medical facilities. On the other hand, a physician or health care facility should, as like every professional, bear some responsibility for their work.
In this context, significant questions arise on what the patient is entitled to, how to determine the boundaries of medical care, how to define the responsibility of the physician / health care facility or what constitutes the protection of doctors, especially in view of the amendment to the Civil Code that will come into force in 2013.
In the area of the protection of patients' rights, GRUBNER & PARTNERS deals with the following issues and provides the following services:
- Access of a patient (family members or other persons designated by the patient) to medical records;
- Informed consent of the patient with the procedure;
- Patient refusal of medical care;
- Assessment of claims of the damaged person (compensation of pain, compensation of reasonably incurred costs associated with the treatment, social impairment, compensation for loss of earnings during the period of incapacity, compensation for loss of earnings after the period of incapacity, compensation for loss of retirement pension and damages to property) and their enforceability, including recommendations for an appropriate procedure;
- Representation of patients in proceedings for damages to health caused by medical procedure;
- Actions for the protection of personality;
- Admission of a patient for in-patient treatment without their consent, or deprivation/limitation of legal capacity.