Sources of health law and the boundaries of the discipline - Components of health law

16 important questions on Sources of health law and the boundaries of the discipline - Components of health law

Why is there a movement from medical law to health law?

  • Law's engagement can no longer only be seen in terms of interface between doctors and their legal obligations
  • Health care products and services can be accessed directly
  • Medical law: focus on doctor as a gatekeeper

There is a medical malpractice crisis due to an increased number of legal processes, why?

There is an increased awareness and less acceptance of mistake
  • patients face a heavy burden of proof
  • expensive and time-consuming procedure
  • risk of defensive medicine
  • insurance has become far more expensive for society


Several states introduced alternative compensation schemes
  • BE: medical accident funds: compensate during the proceedings

Access to medical professions is subject to...

Legal restrictions
  • health care practice is subject to licensing
  • specific rules for blood banks, etc
  • practice guidelines and standards
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What have been the recent challenges concerning professionals?

  • Multidisciplinary cooperation between different professionals and institutions
  • focus shift from professional- to patient-oriented approach

Which 2 types of national public health care systems exist in the EU?

1) National health services
  • funded by public taxation
  • benefits-in-kind system
  • bv. UK, Spain, Italy

2) National health social insurance systems
  • compulsory insurance systems
  • administration of health insurance may be entrusted to public or semi-public bodies (>< UK: private insurance)
  • bv. BE, FR

What is the role of the state concerning health?

  • Authority and responsibility to ensure the conditions for the populations health
  • Concern for preventing spread of communicable diseases
    • bv. Mad cow disease
  • Regulation of experimental procedures & clinical research

What specific regulation does the state need to provide for experimental procedures & clinical research?

  • Consent to participation and specific rules for vulnerable groups
    • children, mentally ill, prisoners
  • Relationship between public and commercial interests
    • bv. Orphan diseases: on national level not important enough

What is human material?

  • Organs for transplantation
  • blood
  • plasma
  • tissues
  • cells
= every part of the body

What are the reasons for regulating human material?

  • Safeguard quality and safety
  • respect for individual decision making autonomy and bodily integrity

Which instruments have been created by the Council of Europe concerning health and human rights?

  • ECHR: European Convention on Human Rights and Fundamental freedoms
  • Convention on Human rights and Biomedicine

Which instruments are important on EU level concerning health and human rights?

  • Charter of fundamental rights

On which articles does the ECHR base it's case law concerning health law? Which cases?

Art. 2: right to life
  • Lambert v France

Art. 3: right not to be subject to inhuman/degrading treatment

Art. 8: right to respect for private and family life

Which instruments come from the United Nations concerning health law?

  • UVRM (1950)
  • ECOSOC
  • Rights of the child & persons with disabilities

What is the legal status of the discussed international treaties and declarations?

Not legally binding or enforceable, no direct effect
  • they can be very influential on EU and national law
  • indirect influence on the health law in different countries

Health law is concerned with...

Resource allocation and financing of national health care systems

Public health law is concerned with...

Balancing rights and public interest in regulating risk and safety

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