ECONOMIC APPROACHES TO SEARCH FOR THE SUBJECT OF REGULATION OF MEDICAL LAW |
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Author |
 Grytsenko O. A., professor, Kharkiv, Pushinska, 77 |
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In heading |
Economic theory of law; | ||||
Signed print |
27.01.2017 | Issues number |
2017 - № 1 (28) | Page |
76-87 |
Type of articles |
Scientific article | Code UDK |
340.33011 | ISSN print |
2411-5584 |
Abstract |
Problem setting. Medical law is the body of laws concerning the human right to the deserving life, responsibilities of medical professionals and their patients. Objective prerequisites of emergence a medical law as the special sphere of the legal adjusting – is singularity of the object that requires special ways of regulation. Recent research and publications analysis. Medical law is relatively new branch of law that attracts attention many lawyers who analyze history of history of occurrence of medical right, its place in the system of legal relations, basic concepts. But divergences in understanding of medical right result in an ambiguousness in the decision of object, methodology of cognition and structure of educational courses. Paper objective. The main objective of the article is to reveal the objective logic of the emergence of an object and the subject of regulation of medical law on the basis of using of methodology of economic theory. Paper main body. Medical law arises from the need to regulate the fundamental right of a person to life (health). Life should be regarded as a merit goods, demand on that less than his suggestion. It means that life – it simultaneously private and public good, that needs the special hierarchy of private and public right. Forming, maintenance, recreation, renewal and health protection will be realized through medical service. Last – is a transaction that envisages the conversion of different capability. Medical law is the system of public relations that arise up in connection with emergence, recovery and protection of human rights on normal (healthy) life. Though medical law covers a huge range of specialties, but it is generally divided into three main branches: The first subdivision regulates relations between a patient and doctor concerning the medical service provision (it is mainly civil legal relations). The second – adjust relations between government bodies and medical establishment (public law). The third are relations that are folded between basic subjects (a patient is a doctor) and persons, whom are involved in the organization of medical services. Fourth subdivision will be related to organization of medical establishment economic activity. The special attention is needed by relations that arise up as a result of medical insurance. Conclusions of the research. Medical law is a new branch of legal science and practice. Medical law is the branch of law which concerns the prerogatives and responsibilities of medical professionals and the rights of the patient. It should not be confused with medical jurisprudence, which is a branch of medicine, rather than a branch of law. Medical law covers a huge range of specialties. There are certain medical standards that must be complied with while providing medical care and treatments to patients. Any instance of providing substandard medical care is taken as a medical negligence, and the offender must be accountable for breaching his medical duty. Medical law is a rapidly developing and increasingly important subject that requires close attention to the protection of various aspects of human life Short Abstract for an article Abstract. Medical law singled out as a particular area of law because of the need for effective regulation relations developing on the appropriation of life as a fundamental natural wealth. Life (and its component health) are merit goods, the use of which requires regulation. The object of medical law medical service is a transaction by which the distribution of powers between the entities. Medical law – a system of social relations that arise in connection with the formation of the transfer, reproduction, storage, protection of human rights in the normal (healthy) life. |
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Keywords |
Medical law, merit goods, medical service, biomedical model life. | ||||
Reviewer |
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External reviewer |
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Article in PDF |
1 76-87 | ||||
Bibliography |
none | ||||
Code DOI |
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14.12.2016