Side Effects of Diethylstilbestrol (Des) From the Perspective of Tort Law

Карнаух, Б П; Shymko, Artem R.

doi:10.36740/wlek202012240

Cited by 2 publications

(1 citation statement)

References 11 publications

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“…Particular issues concerning the application of tort law to damage caused to patients were analyzed by B.P. Karnaukh [16][17][18]. However much of concepts, and especially the concept of "medical error" remain to be underdeveloped in the domestic legal doctrine.…”

Section: Introductionmentioning

confidence: 99%

The Right оf а Person to Medical Care іn Ukraine

Prytyka¹,

Nikitina²

2022

Plaw

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Topicality. The relevance of the problem considered in the article is caused by the absence of the definition of the legal status of the participants in the relationships between the medical institution and the patient, as well as the object of this relationship, and the content of the “medical error” concept. The purpose of the article. The aim of the article is to examine the legal status of the participants to the said relations (the medical professional and the patient), to determine the object of such legal relations and to define what constitutes the so-called “medical error”. Research methods. The article provides a general overview of the legislation regulating the provision of medical services. The main features that characterize the person as a patient under the contract for the provision of medical services are determined. The practice of national courts is analyzed in the article in order to identify common problems with the application of legislation on compensation for damage caused by a “medical error”. Apart from that, the author focuses on the legal status of the parties to the agreement on the provision of medical services. Results. The provision of medical care and services is aimed at the preservation of human life and health, which benefits not only the interests of the patient himself and his family members, but also in the long run the interests of the state and society as a whole. The relations between the medical institution and the patient are governed first and foremost by the norms of civil law, which means that legal disputes arising out of these relations (e.g. if the patient is harmed due to his physician’s failure to exercise due care) are considered as civil cases. The findings propose to determine the legal status of the healthcare professional and the patient, as well as to ensure the mandatory professional representation of patients in cases of “medical errors”.

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Section: Introductionmentioning

confidence: 99%

The Right оf а Person to Medical Care іn Ukraine

Prytyka¹,

Nikitina²

2022

Plaw

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Protection of the Rights of Children Born by Surrogate Mothers During the Covid-19 Pandemic

2021

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The aim: Analyze the practice of resolving the problems of protecting the rights of children born to surrogate mothers in the context of the COVID-19 pandemic. Materials and methods: In carrying out the study, an interdisciplinary approach was applied to the analysis of the problem of protecting the rights of children born to surrogate mothers in the context of the COVID-19 pandemic. This approach includes dialectical, comparative-legal, statistical, and systemic methods. The research used scientific developments in the field of problems of protecting the rights of children born to surrogate mothers, international acts, legislation, statistical data. It has been established that although the understanding of surrogacy is the same for all states, there is a rather different approach to the possibility of its application. The issue of providing a child born to a surrogate mother with data on his genetic origin (in the absence of a genetic link with legal parents) should be resolved on the basis of this approach: maintaining a balance of interests between parents and the child, taking into account the principle of the best interests of the child. Conclusions: It was concluded that the inadmissibility of closing borders and restricting the entry of foreigners to reunite with children born of surrogate mothers. It is proposed to create a register of persons those wishing to apply the surrogacy procedure, as well as the register of children born from surrogate mothers in Ukraine.

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Side Effects of Diethylstilbestrol (Des) From the Perspective of Tort Law

Cited by 2 publications

References 11 publications

The Right оf а Person to Medical Care іn Ukraine

The Right оf а Person to Medical Care іn Ukraine

Protection of the Rights of Children Born by Surrogate Mothers During the Covid-19 Pandemic

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