208 research outputs found

    Medical practitioner’s legal regulations in the practice from urban-rural development perspective

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    The role of medical practitioners in community safety area is huge. Especially huge responsibility medical practitioners have in medical treatment process from the point of view of treatment quality and legal liability. Medical practitioners are professionals regardless of territoriality. The mission and functions they perform do not depend on practice place. The responsibility is equal in both urban and rural level. To protect community safety from the medical practitioners' perspectives they should know their own rights, as well as patient's rights in healthcare. From the particular legal regulations arise duties and responsibilities of medical practitioners, which are described in the paper. The aim of the research is to study legislation that regulates medical practitioner‘s rights and duties in Latvia. The task of the paper is to study the characteristics of rights of medical practitioners in Latvia and the medical practitioner's knowledge of patients' rights in Latvia. In the research, the author has used general scientific methods such as analysis, synthesis, modelling, comparative method, inductive and deductive method, methods of interpretation of legal norms – grammatical, teleological, historical, as well as empirical method – survey. The paper describes the most important legal regulations in medical practitioner's activity, as well as defines problems and provides potential solutions that are necessary to protect community's safety. The results of the paper show that the regulatory framework exists in the field of healthcare of Latvia. Also in the field of professional activity, legal regulations exist, which govern the professional activity of medical practitioners. They are included in various law sectors (civil rights, labour rights, criminal rights, etc.). Apart from that, there exist a large number of legislative regulations of national level, which govern the professional activities of medical practitioners (special laws and Cabinet Regulations). It should be noted, that the competences of medical practitioners are not consolidated, but stipulated in separate legislative provision for each group of medical practitioners (for a doctor, doctor's assistant, nurse, etc.). The medical practitioner's knowledge of patients' rights is not good enough, especially in rural areas of Latvia.publishersversionPeer reviewe

    MEDICAL PERSONNEL’S LEGAL AWARENESS AS THE KEY OF PRINCIPAL QUALITY OF WORK WITH MINOR PATIENTS

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    Nowadays increasing attention is paid to the issues of the relationships between minor patients and medical personnel. There are several problematical issues in relationships mentioned above and one of the most significant is the legal regulation awareness of people providing medical services. The aim of the study is to make evaluation of the legal knowledge of medical personnel who work with minor patients and find out the main problems medical personnel deal with in particular area. Material and methods: the first group consisting of 70 medical personnel completed the questionnaire about knowledge of legal regulations by medical personnel. As the result the participants possess the low level of knowledge in providing information to minor patients about their health status. Insufficient knowledge is resulting in low quality of legal perspective of provided services. And this fact puts medical personnel at risk of being liable for breaching the laws

    THE QUALITY OF DOCTORAL STUDIES: CHALLENGES AND FUTURE PERSPECTIVES

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    The doctorate studies are one of the highest degrees given by a university. Doctoral studies provide students with training in research techniques. The doctoral studies involves the presentation and preparation of the most value activity named as doctoral thesis. There are a lot of doctoral programmes whose specific objectives are to train researchers to successfully address the challenges of new researched science ECT. Nevertheless the global tendency shows that doctoral studies must be transformed to promote innovative and comprehensive research degree and the particular system of the doctoral study process. The aim of the study is to research the key issues of the quality of doctoral studies from the perspective of innovation and digitalization era in educational system in Europe as a whole and in Latvia. 

    The problems in will expression in civil law transactions and healthcare in case of capacity of individuals

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    Publisher Copyright: © 2020 The Authors. Copyright: Copyright 2020 Elsevier B.V., All rights reserved.The expression of each individual’s will is one of the important rights. This freedom is protected by human rights. In legal systems the expression of the central positions of the will of individuals is protected. In civil law transactions as well as in health care individuals have specific and complicated rights to express their will. And the problematics of it comes from that capacity issue. The rights to expression, rights to liberty ect. are recognized as the basic rights of each individual, of each member of the society. The protection of the expression of the individual’s will is significant moment from the international as well as national point of view. A significant aspect and more sensitive is the protection of incapable person’s rights, for instance, in civil law transactions and healthcare matters in legal framework. The key challenge for the protection of those rights is to find the balance between capable and incapable persons’ rights protection in the case of will expression in particular matters.publishersversionPeer reviewe

    The right to health in context of ensuring the best interests of the child

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    The right to health is one of the human fundamental rights. In present socio-legal area in health security issues, the human as an unconditional obedient patient, transforms into medical practitioner's associate. actively participating in all discussions of issues, which affect his health and executable medical manipulations. The human from medical object has turned into the medical subject. As exceptions can be mentioned persons who, for objective reasons, are not able to exercise their rights in full. One of such person group is children. Children have no capability to exercise their rights themselves. Therefore it is important to understand whether the volume of child's right is equal to the volume of adult's rights. Conditionally, we can say that in the stage of exercising the right, children depend on their representatives. The article will provide information on the issues, which affect child's right to health in context of ensuring the best interests of the child in Latvia according to the local and the European Union legal documents. In addition, the article will show the mechanism for dispute resolving, which may occur between a medical institution (doctor) and a person, who represents the child in Latvia. Both international and national legal acts stipulate that a child requires a special care, which includes ensuring the best interests of the child. It is essential that the concept "best interests of the child" is not defined in legislation and in all cases it is subject to interpretation of the adopter of the law (the user). On the fact, how fully the child's natural or legal guardians will defend the interests of the child, depends observation of the child's fundamental right - right to health. To find the answers to the current research questions descriptive, analytical. deduction-induction methods, etc. are usedpublishersversionPeer reviewe

    LEGAL TECH IN LEGAL EDUCATION : GLOBAL PERSPECTIVES AND CHALLENGES FROM THE LATVIAN - UKRAINIAN EXPERIENCE

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    The paper examines legal rules covering the legal industry and the field of legal education against the background of fast-growing innovation technology and it’s influence. The field of legal education faces with several transformation processes. Thus, educators should be ready to prepare law students for innovations in the legal field as well. The era of legal technology (or “Legal Tech”) is becoming a crucial element of modern lawyers. According to several reports, Legal Tech brings new trends for a lawyer. Such profession faces new challenges, therefore from the educational point of view it is important to prepare students for those changes. The work on national and global level in the field of policy planning documents is needed. Authors found out that nowadays legal education has a weakness that relates to insufficient cooperation with such vital elements as technology and innovation. Law science and technology cannot be considered separately taking into account changes in the global disciplines. Legal Tech in the legal education system can be implemented on several educational levels. Legal Tech education should take part on university level to instill in young lawyers a taste for progressive technologies from the student's bench.publishersversionPeer reviewe

    Ethical guidelines for artificial intelligence in healthcare from the sustainable development perspective

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    Publisher Copyright: © 2021, European Center of Sustainable Development. All rights reserved.Use of Artificial Intelligence (AI) in variety of areas has encouraged an extensive global discourse on the underlying ethical principles and values. With the rapid AI development process and its near instant global coverage, the issues of applicable ethical principles and guidelines have become vital. AI promises to deliver a lot of advantages to economic, social and educational fields. Since AI is also increasingly applied in healthcare and medical education areas, ethical application issues are growing ever more important. Ethical and social issues raised by AI in healthcare overlap with those raised by personal data use, function automation, reliance on assistive medical technologies and the so-called ‘telehealth’. Without well-grounded ethical guidelines or even regulatory framework in respect of the AI in healthcare several legal and ethical problems at the implementational level can arise. In order to facilitate further discussion about the ethical principles and responsibilities of educational system in healthcare using AI and to potentially arrive at a consensus concerning safe and desirable uses of AI in healthcare education, this paper performs an evaluation of the self-imposed AI ethical guidelines identifying the common principles and approaches as well as drawbacks limiting the practical and legal application of internal policies. The main aim of the research is to encourage integration of theoretical studies and policy studies on sustainability issues in correlation between healthcare and technologies, the AI ethical perspective.publishersversionPeer reviewe

    “Public Administration” in the Latvian and Ukrainian Administrative and Legal Traditions

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    Public administration has been studied in this article from the position of administrative and legal science. The implementation of great contribution in the formation of “Public administration” theory by American law schools, which have provided a basis of modern scientific approaches, has been emphasised by the Author. During the analysis of Ukrainian and Latvian scientists’ approaches remarks on understanding of public administration, strong connection between administrative law and public administration has been revealed by the Authors. It has been established that both Latvian and Ukrainian administrative law scientists have similar approaches to understanding public administration. It has been identified as the form of realisation of the executive branch of governmental power. The functioning of public administration in the Republic of Latvia is based on the principles of the rule of law. The Author stresses that Ukraine, during holding on the reform of public administration, applies SIGMA recommendations (Support for Improvement in Governance and Management in Central and Eastern European Countries). The efficiency of the SIGMA programme in Ukraine has been proved, within the framework of which Ukrainian legislation has been brought into line and new laws have been adopted (the Law of Ukraine On Civil Service, the Law of Ukraine On Administrative Procedure). It is concluded that administrative law is one of the main tools through which public administration is carried out in the Republic of Latvia and Ukraine. Rakstā ir analizēts valsts pārvaldes institūts un tā kopīgās un atšķirīgās iezīmes Latvijas un Ukrainas kontekstā, veicot zinātnieku viedokļu analīzi un īpaši uzsverot lielo Amerikas Savienoto Valstu zinātnisko ieguldījumu valsts pārvaldes teorijas veidošanā, kas ir pamats mūsdienu zinātniskajām pieejām. Saskaņā ar Valsts pārvaldes iekārtas likumu Latvijā valsts pārvalde ir organizēta vienotā hierarhiskā sistēmā, un neviena iestāde vai pārvaldes amatpersona nevar atrasties ārpus šīs sistēmas. Valsts pārvaldes darbība Latvijā balstās uz likuma varas principiem. Savukārt Ukrainas pieeja valsts pārvaldes politikas īstenošanai ir atšķirīga, respektīvi, pārvaldes reformas ietvaros Ukraina īsteno SIGMA (Support for Improvement in Governance and Management) sniegtus ieteikumus, kā rezultātā Ukrainas tiesību aktos ir veiktas jaunas iestrādes un pieņemta virkne jaunu likumu, piemēram, Ukrainas likums “Par civildienestu” un Ukrainas likums “Par administratīvo procesu”. Darba nobeigumā secināts, ka, neraugoties uz valstu tiesību sistēmu atšķirībām, administratīvās tiesības ir viens no galvenajiem instrumentiem, ar kuru starpniecību Latvijas Republikā un Ukrainā tiek realizēta valsts pārvaldes funkcija.publishersversionPeer reviewe

    Consent to Treatment and Anamnesis as Problem of Communication with Minor Patients in Healthcare Decision-Making

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    Lately lawyers and medical professionals pay more attention too the process of minor patient healthcare. The research shall address the issues of legal relationship between minor patients and medical professionals, consent to treatment of minor patients and communication problems including the scope of information which the doctor can provide to the minor patient’s relatives to protect themselves and patients. Legislation prescribes that the information provided by the medical professional to the minor patient must be not only easy-to-understand, but also be consistent with the patient’s age maturity. However, in Latvia, for example, there are no guidelines that specify how medical professionals can determine the patient’s maturity. In the course of provision of medical services to the minor persons legal disputes involving communiucation failures between the minor patients, their relatives, legal representatives and the doctors arise increasingly frequently. The research will look into issue of communication problems in healthcare. The aim of the research is to provide insight into challenges of legal relations betweem minor patients and medical professionals and communication problems in healthcare.publishersversionPeer reviewe

    Civil Unions (Non – Registered Partnerships) and Patients’ Rights : Problematics and the Future Perspective

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    Unlike the institution of matrimonial law, which has developed over several hundred years and thus has a solid legal basis, the legal framework for non-registered partnerships is a relatively recent legal phenomenon, which therefore also means that the legal framework in those countries where it is applied is not uniform and there are signifi cant diff erences between diff erent legal systems. Th e legal framework of non-registered partnerships is infl uenced by the traditions, history, culture, religion, and other factors of the country and its population. With the development of non-registered partnerships, new challenges are emerging in various fi elds, including healthcare in terms of ensuring patients’ rights. Th is results in a situation where there is a lack of regulation in society to protect all families, regardless of whether the family is based on a registered or non-registered partnership. Th e purpose of the article is to clarify the role, and importance, as well as crucial problematics of non-registered partnerships from the patients’ point of view. Th e methodological basis of the research includes general theoretical principles of scientifi c knowledge. Th is knowledge provides various aspects in the study of non-registered partnerships and the patients’ rights in healthcare. Th e scientifi c novelty is to identify the essence and importance of the fundamental rights of each person and to clarify the legal problematics of the non-registered partnership institution that infl uence patients’ rights in the decision-making process.publishersversionPeer reviewe
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