Thesis topic proposal
Ágnes Dósa
Civil law questions of the health provider-patient relationship


Institute: Semmelweis University, Budapest
general health sciences
Doctoral School of Health Sciences

Thesis supervisor: Ágnes Dósa
Location of studies (in Hungarian): Semmelweis Egyetem
Abbreviation of location of studies: SE

Description of the research topic:

The legal environment in which the health care system operates, and therefore the physician-patient relationship itself, has undergone a significant transformation in recent decades. Legal regulation has penetrated most areas of health care, and national and supranational framework of health law has developed.
In medical education, health law appeared as a separate subject. Interdisciplinary research in the field of medical law has developed into an independent field of science, and the results of scientific research have greatly contributed to the further development of the institutional system, responsibilities and financing background of healthcare.
Within medical law, almost all fields of law have a role to play, so the scientific background of international law, constitutional law, criminal law, administrative law and civil law (civilization) are essential for the further development of the field and for respondin to new challenges. At the same time, civil law plays a key role in this field, as the legal relationship between the healthcare provider, the doctor and the patient is basically a civil law relationship (although there is no doubt about the importance of elements of administravie law), the rights, obligations and responsibilities of the parties are primarily falls within the scope of civil law.
Research in medical law requires an interdisciplinary approach, and in order to find scientifically sound answers to the complex questions raised by the developement of medicine, it is necessary to acquire and properly synthesize medical and legal knowledge. In addition to the dogmatic, theoretical approach, knowledge of the scientific methodology of legal comparison is essential. Empirical (eg questionnaire) research in this field is also essential for a fuller understanding of complex processes. The peculiarity of the field is that medical law must find scientific answers to the extremely accelerated scientific developement within a short time. The discipline of forensic medicine cannot be separated from medical law, the development of the two areas can only be imagined in close symbiosis.
Medical liability has the longest history and is one of the most important fields within medical law, but it is indisputable that by the beginning of the 21. century, traditional concepts of liability have become insufficient in terms of their preventive, compensatory, and repressive functions, which also poses new challenges to scientific research. There are a number of unanswered questions that call for scientifically elaborated answers.
Medical legal issues related to end-of-life decisions are of paramount importance in the light of modern therapeutic options, and there are a number of unanswered legal and ethical questions in this area as well. With the growth of genetic knowledge and its use in medicine, the regulation of this field has begun, both at the national and supranational levels, but the extremely rapid development of the field is a significant challenge, whether we consider data protection, liability or self-determination.
The field of biomedical research is one of the oldest and most intensively regulated issues in medical law, yet it has many areas that are still poorly or insuficciently regulated. The treatment of psychiatric patients raises a number of legal problems due to the specifics of psychiatric illnesses, the provision of legal guarantees, the refinement of the existing legal instrument system in line with the development of therapeutic options is an important area of research.

Deadline for application: 2021-10-26

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