Dužnosti pacijenta – evropski i anglosaksonski pravni sistem

Sjeničić, Marta and Marčetić, Dragana (2014) Dužnosti pacijenta – evropski i anglosaksonski pravni sistem. Pravni život, 63 (9). pp. 293-306. ISSN 0350-0500

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Abstract

Person requiring treatment measures from physician is also obliged to do everything possible to enable successful treatment. European legal theory considers patients’ duties to compliance as patients’ subsidiary contractual obligations, comparing to the obligation to pay the physicians’ fee. Patients’ compliance can’t be treated as a real legal obligation, but as the duty in his own interest. This obligation is owed, but it’s not actionable, nor can it be forced in other way. Duties in patients’ own interest are, in European legal theory, divided into two basic groups. Frist encompasses all duties which serve to the successful treatment and are “patients’ duties to comply”. Other group encompasses duties of the patient to reduce or remove damage that has already occurred. Anglo-Saxon theory considers the duties of the patient, very often, as the duties towards other patients, medical personnel and society, which provides free health care. By using the public funds (of health insurance, budget or other public resources), legally capable patients have the obligation towards society to act in an appropriate manner. Patients’ duties towards others, society and himself are, very often, in these systems, observed through the prism of the profitability of the patients’ treatment.

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