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Outline & purpose
• Law in general
• Legal issues for medical professionals
• Basic introduction to the kind of issues youwill / might face
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Law in general
1. Law is everywhere
2. law ≠ law ≠ law
3. TV & movie law ≠ RL law
4. Law changes all the time
5. Ignorance of the law is no excuse for illegalacts
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Sources of law
• Legislation
– Parliament
– Government
– Local authorities
• Court judgements (case-law)
• Religious rules
• Tradition
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Legal families - a typology of legalsystems
• Continental / civil law• Common law• Religious / traditional• Socialist
• How they differ– Sources of law – relative order of importance– Legal professions– Lawmaking or interpretation– Branches of law, legal terms and categories– Procedure
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Continental / civil law
• Legislation
• General rules applied to specific cases
• Courts interpret, not make law
• No strict precedent system
• Professional legal personnel
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Common law
• Judge-made law (case-law) is most important
• Precedent system
• specific -> general
• Sometimes no legal education necessary
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”Soft” law and atypical sources of law
• Non-binding acts of otherwise legislativebodies
• Government or ministerial regulationsrelevant for just one profession
• Rules and regulations of a medical board orprofessional association (Chamber, etc.)
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International law
• Law among states
• Different set of sources– International treaties
– International courts
– International organisations
– …
• European Union– Supranational organisation
– Not a state, but stronger than normal IGOs
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Branches (areas) of law
Public law
• State v. individual, state v. state
• Strict state regulation
Private law
• Person v. person
• Main rules set, butdiscretion allowed forparticipants
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Public law
• Constitutional law
• Administrative law
• Criminal law
• International law
• European Union law
• Tax law
• …
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Private law
• Civil law– Property– Obligations and damages– Tort
• Copyright & intellectual property• Inheritance law• Family law• Company law• Employment law• Private international law – conflict of laws• …
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Another way of categorisation
Substantive law
• What?
• What is a crime?
• What elements areessential for a contract?
• Who is a father of a child?
Procedural law
• How?
• What are the consequencesof a guilty plea?
• Who decides on the validityof a contract?
• How can I prove that a childis mine?
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About procedure
Criminal procedure
• State v. defendant
• Judge, prosecution, defense
• Strict procedural rules and rights: presumption of innocence, right to an attorney, no self-incrimination
• Burden of proof onprosecution
• End result is a punishment –owed to the state
Civil procedure
• Plaintiff v. defendant
• Judge, parties
• No privileged party
• Burden of proof on plaintiff
• End result is damages – owedto plaintiff
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About procedure 2
Adversarial system
• Prosecution v. defense
• Plaintiff v. defendant
• argue their case, presentevidence, examinewitnesses
• Judge mainly proceduralrole, judgment
• Common law
• Often with jury
Inquisitorial system• Judge asks the
questions, interrogateswitnesses
• Continental / civil law
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THE MEDICAL PROFESSIONAL AND THE LAW
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Constitutional law & human rights
• Type of legal system
• Relevant sources of law
• Functioning of the country
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Constitutional law & human rights
• Right to life and human dignity• Right to information• Privacy – data protection• Right to medical attention ???
– Life-saving measures– Pain alleviation– Medical procedures to pervent serious or lasting
bodily harm– With insurance: reasonable, appropriate, accessible
and equal medical aid
• Right to self-determination
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Criminal law
• What is a crime? Which punishment?– Danger to life, society– Intention and negligence
• Some criminal offences can only be committed bydoctors / most likely to be committed by doctors– endangering within the sphere of occupation– procedures on human genetic structure– altering the gender of an unborn child– violation of the rules of experimental research on humans– violation of right of autonomy concerning medical
procedures– illegal use of a human body– breaking doctor-patient confidentiality
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Criminal law
• Capabilities of a person
– mental
– phsical
• Consequences of an action
• Cause of death
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Criminal procedure
• as a defendant
• as an expert
• as a witness
• as a victim
– public service
• as a jury member
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Defendant
• Get a lawyer!
• If in a foreign country, get consular aid!
• Procedural rights:
– no self-incrimination
– defense / representation
– information
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Alternate solutions
(to a criminal judgment)
• Plea bargain
• Mediation
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Medical expert
• to aid the court with scientific expertise • not there to decide legal questions, make a judgment • membership in a professional association may be a
requirement, qualification, expertise• written or oral testimony• right to
– remuneration– all relevant data , asking questions– refuse testimony on certain grounds
• obligation to– be present– give an objective expert opinion– tell the truth!
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Administrative issues
• Qualifications for practicing medicine
• Establishing a medical practice
• Professional organisations
• Requalification, continuing education
• Taxes, obligatory insurance
• Social security financing
• Allowed suppliers, waste disposal etc.
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European Union
• Free movement of workers and services
• Mutual recognition of degrees and qualifications
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Civil law
• Insurance– that you pay for in your medical practice
• Contracts– between a doctor and a patient
• for a certain result• for providing care / a medical procedure
• Damages out of contract (tort law)– negligence– malpractice
• Paternity• Legal age / determination of sanity
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Civil procedure
• as a defendant
• as a witness
• as an expert
• as a plaintiff
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Defendant
• informed by the court that he is being sued
• has to accept or deny claims of the plaintiff
• present evidence to support his claims
• Get a lawyer!
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Alternate solutions
(to a civil judgment)
• Arbitration
• Mediation
• Settlement
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Business & employment law
• Establishing a company– Types
– Procedure
• Self-employed or in a hospital, public or privatemedical practice
• Rules of liability
• Rules of intellectual property
• Safety & health standards
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Medical & health law
• Euthanasia, abortion
• Experiments
• Rights and obligations of patients
• Rights and obligations of doctors
• Sytem of medical care
• Prevention and treatment of infectious diseases
• Obligatory vaccinations
• …
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THANK YOU!Questions?
