Medicals law

LAW

 

Let the medics cure


It is important not to burden medics with legal issues. We offer complex advisory for healthcare facilities including representation in disputes related to health damage compensation, a personality protection or disputes with health insurers on healthcare reimbursement.


Our legal advisory covers the whole area from medical law, pharmaceutical law to the organisation of healthcare. We deal with rights of medical workers including the medical secrecy issue, or with issues connected to the rights of patients, their informed consent; or to the legal responsibility related matters (criminal or private law responsibilities).


We provide legal services to medical facilities and healthcare providers also in other areas of law than just strictly medical law. We assist with drafting of documentation including internal rules that are helping to better quality and more available health services or to improve the communication standards between a facility and its patients.

 


More damage compensation claims


The new civil code brought some noticeable changes to the medical law standards as it governs the personality rights of a patient in relationship to a medical performance, next to the more specific Healthcare Act.


The new law has had a severe impact on the compensation rights in cases of health damages. The justice still approaches the problematic of compensation of intangible damage based on the Supreme Court’s methodology on the compensation of intangible health damage (pain and social capability deterioration). We possess a rich experience and deep knowledge in this complicated matter.


The number of claims for compensation of damage on personality rights or criminal charges on medics in relation to healthcare services has been steadily growing as the rights of patients strengthened. Our goal is to provide a comprehensive qualified legal representation in all areas of medical law, not limited only to disputes with patients, but for example also in disputes with insurers.


We have a strong team ready to assist also in the unfortunate situation when criminal charges are brought up. Healthcare facilities approach us in cases when a criminal procedure is initiated against a medic in relation to the healthcare service provided. The law also prescribes several delicts that can only be committed during healthcare services provision so our specialization is indeed an advantage.

 


Relationships with insurers


The health insurance is regulated by the public law. In that area, we provide legal services in disputes regarding application of regulatory deductions for drugs or an ordered healthcare, or in disputes for healthcare reimbursement by the insurers. We draft proposals for conciliations; we assist with assessment of reimbursement addenda and contracts with insurers.

 

The medical law area includes also the drug regulation, medical means, transplantations etc. The cross-border provision of healthcare is another interesting aspect of the medical law where we are active, especially in the context of the regulation of reimbursement and availability of such international healthcare services.

 

We provide especially the following legal services in the area of medical law:

 

  • complex legal services to healthcare facilities (hospitals, private clinics), full legal service, representation in court disputes, administrative procedures, drafting and revision of contracts, internal rules, and others;
  • legal representation in litigation for compensation of pain, social capabilities deterioration, loss in future profit, effective costs for treatment, lump-sum compensation to kin; negotiations with insurers, conciliation agreements, claims for compensation of damage on health;
  • legal services in relation to sale, donation, heritance of medical practice; and to transfers of healthcare facilities;
  • legal representation in litigations regarding apology for and compensation of intangible damage of personality rights in money; claims for personality protections;
  • legal representation in all stages of criminal procedures (interrogation of a medic, witnesses, experts, revision of the official file, representation in the main hearing, public hearing), defence of medics in criminal procedures;
  • legal representation in disputes for application of regulatory deductions for drugs and required healthcare, and in disputes for reimbursement of provided healthcare. Drafting conciliation proposals, assessment of reimbursement addenda and contracts with insurers, disputes of medics (healthcare providers) with insurers.

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