Health law encompasses public and private law regulations pertaining to medical law, public health law, hospital law, pharmaceutical law, patients’ rights law etc.
Medical law includes all those regulations outlining the rights and obligations of medical professionals in the interest of community’s health. Therefore, it pertains to issues such as medical liability, medical confidentiality, medical negligence/malpractice etc. From a civil law perspective the doctor’s behavior in her/his relations with a patient is governed by morality and good faith as ordered by the Constitution (article 2 par. 1), the Code of Medical Ethics and the pertinent legislation. In general, the State takes care, albeit without further determining the protection framework. However, at the same time it delegates the legislative body to further determine the proper framework for the protection of public health. There is a conflict between the terms medicine and law given that every medical action is a priori featured by a cause of damage, which may be justified on the conditions set by law.
Apart from pure medical law, health law touches largely on the following areas of law:
1) Public law - public procurement;
2) Labor law - special regulations pertaining to employment agreements of medical professionals and other health personnel;
3) Intellectual / industrial property law pertaining to e.g. pharmaceutical patents;
4) Social security law;
5) Insurance law;
6) Civil law, in many of its aspects, e.g. capacity to contract, incapacity, paternity, proof of death;
7) Company law - health service companies, operators of pharmacies (companies, partnerships);
8) Law of charitable and other private foundations
Our law firm has a long experience in advising legal entities and individuals engaged in the field of health. The comprehensive view of the industry we have enables us to take into account all relevant parameters for the issues we handle.
Publication date: 13/6/2014