Medical Services Contracts: Features and Ways of Improvement

doi:10.31838/srp.2020.6.09

Cited by 2 publications

(2 citation statements)

References 7 publications

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“…The agreement between the health provider and the health workers is not included in the medical agreement with the patient. However, the legal relationship arising from the agreement affects the patient agreement [33], especially on the legal liability of the health worker. Juridically, the doctor-patient relationship in treating diseases with stem cells is an example of a therapeutic contract.…”

Section: The Legality Of Informed Consent On Stem Cell (Health Servic...mentioning

confidence: 99%

Legality of therapeutic contract of stem cell treatment in Indonesia

Lestari

Muhammad²,

Kautsar³

et al. 2023

IJPHS

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This study analyzed the purposes and functions of stem cell treatment arrangements in Indonesian national law and then describe the characteristics of therapeutic agreements between patients and elements of health services against the legal terms of the agreement based on the Civil Code. This study used a normative juridical research method. The results of this study are: i) in terms of stem cell treatment procedures, only some can get services and treatment because the procedure is very complicated and lengthy. Hence, the purpose and function of regulating the implementation of stem cell treatment in Indonesia are to provide legal certainty and protection law to the public and health service providers; ii) the conditions for the validity of a stem cell Therapeutic agreement must be based on the criteria specified in Article 1,320 of the Civil Code, then the elements of the parties that bind themselves; the skills of the parties; particular object, and lawful cause must be clear, and iii) the type of therapeutic contract that can maintain the honor of the parties is the "three in one" model. However, this model currently needs to be improved in Indonesia because of the novelty of the regulatory framework.

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Section: The Legality Of Informed Consent On Stem Cell (Health Servic...mentioning

confidence: 99%

Legality of therapeutic contract of stem cell treatment in Indonesia

Lestari

Muhammad²,

Kautsar³

et al. 2023

IJPHS

View full text Add to dashboard Cite

show abstract

“…Так, значительная бюрократизация процесса оказания медицинских услуг связана с необходимостью подтверждения факта информирования пациента обо всех условиях и последствиях оказания ему медицинской помощи. Ранее мы уже затрагивали проблему формализма этой процедуры (Davydova, Filimonova & Seregina, 2020;Davydova, Filimonova, Seregina, Prodanova & Zekiy, 2020). На практике подобное информирование сводится к механическому подписанию большого количества распечатанных мелким шрифтом документов, изучить которые у пациента нет ни времени, ни возможности.…”

Section: перспективы препятствия и неразрешенные дискуссииunclassified

Telemedicine and experimental legal regimes in the field of healthcare: problems and prospects for implementation

Davydova

2023

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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In connection with the adoption of Federal Law No. 258-FZ of July 31, 2020 “On experimental legal regimes in the field of digital innovation in the Russian Federation,” a number of initiatives have been developed to establish experimental legal regimes in the field of telemedicine. The idea of using digital technologies in medicine is certainly relevant. On the one hand, the prospect of remotely receiving medical services is practically in demand; on the other, the level of technology development currently allows for a significant expansion of their implementation. The need to turn to the institution of an experimental legal regime is due to the fact that the current legislation contains norms that seriously complicate the process of widespread dissemination of telemedicine services.The purpose of the study is to reveal the theoretical characteristics of the concept of telemedicine and its current state, to identify legal obstacles to its development, to conduct a comparative analysis of existing draft programs of experimental regimes, to assess the problems and prospects for the development of telemedicine technologies in modern Russian practice. The study is based on domestic and foreign scientific sources of both legal and medical nature, as well as current and projected legal acts in the field of medical services, digital technologies, and personal data protection. Formal-legal, comparative-legal, statistical, and prognostic methods are used. Several problems that require a conceptual solution, including the issue of the safety of personal data and the issue of responsibility for a medical error resulting from the use of artificial intelligence technology or a technical device have been identified. Both are unlikely to be completely resolved at the current level of legal regulation and technological development. This, however, only confirms the need to introduce appropriate experimental regimes in order to use the accumulated empirical material to find solutions to existing and abstractly predictable problems.

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Medical Services Contracts: Features and Ways of Improvement

Cited by 2 publications

References 7 publications

Legality of therapeutic contract of stem cell treatment in Indonesia

Legality of therapeutic contract of stem cell treatment in Indonesia

Telemedicine and experimental legal regimes in the field of healthcare: problems and prospects for implementation

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