LEGAL ISSUES

Legal Issues In Health Care

Legal Issues In The Health Sector

Introduction

With the rapid development of medicine, biology, genetic engineering and biotechnology, acquire a special urgency the problem of enforcement and protection of individual rights. Civil law in this critical role, since the relations arising in the provision of medical services at the level of law included in the scope of civil - legal regulation. (Golin, 2002, 6-7)

The emerging market for medical services not provided the necessary legal framework, so its progressive development and improvement is possible. Many of the actual social relations emerging in the delivery of health services continue to remain outside the legal field. In the Europe legislations shall be adopted and funded by federal programs to protect and promote health, some steps being taken to develop state, municipal and private health systems, encourage activities that promote health of citizens, the development of physical culture and sports, environmental and sanitary conditions. (Dillard, 2004, 1-2)

However, the results of such projects are ineffective. The public is concerned about the deteriorating health of the population, lower birth rates, imperfection of the institutional model of care, lack of funds and resources and their inefficient use.

Declared state guarantees the provision of free medical care is not always fulfilled, reduced availability of skilled care for vulnerable populations, retained the consumer attitude of the citizens to their own health, is extremely low culture of health and sanitary - hygienic skills of the population.

Therefore, the coincidence in the main areas of health care in Europe is called the formation of a mixed health care, promoting competition among manufacturers of medical services, increasing citizens' interest in preserving and strengthening their health, including by attracting private funds to private citizens financing program of state guarantees. (Dillard, 2002, 1-8)

Discussion

The practice of medicine and health professions, both in medicine and the private institutionalized, is based on the doctor-patient relationship resulting from the reciprocal rights and duties. The healthcare professional to provide a good and appropriate care must respect patients' rights or perform all his duties, which is often difficult because we really care. (Devine, 1999, 26-29)

Within the medico legal and ethical context of health professions, the history reaches its maximum size in the legal world because it is the document that reflects not only the medical practice or medical procedures, but also the fulfillment of some major duties of medical personnel regarding the patient: duty of care, duty to report, etc., becoming the documentary evidence that assesses the quality of care in circumstances of liability claims for healthcare professionals and / or public institutions.

All the above indicates the great importance of medical history from various perspectives: welfare, ethical, medico. All aspects that surround and affect the clinical history cannot be ignored by the healthcare professional. The clinical history is affected by certain legal rules scattered, but there is no national standard of legal rank that would unify and provide the best solutions to all legal issues it raises, such as custody, property, access, ...