engleski

Rights and obligations of physicians and patients in realisation of health protection in Croatia

The health strategy of the World Health Organisation is primarily dealing with health as a basic human right and is accordingly defining responsibilities for all interested parties . The health and right to health care represent one of the basic values of each social community, which, as such, are usually protected by the highest state act - the Constitution. Thus, also the Constitution of the Republic of Croatia guarantees a right to health and health care to every individual. Special position of a physician in the society requires also his/her increased responsibilities, not only in the form of ethic and deontology rules, which he/she should follow but also from exactly defined legal obligations (e.g. keeping of medical secret). Considering this understanding of health, the physicians and patients, the last as user of health services, are in a mutual partnership relation with the aim to restore and protect the health of patients. Mentioned relationship is mostly a relation under civil law, a contractual relation (currently not named, informal contract) with mandatory contents, and, generally, with the obligation of provider of health services to enter into a contract (acting to the contrary may result in damages and, in some cases, leads to responsibility under criminal law). In order for the health system to function properly both physicians and patients should be aware of their rights and obligations, and that is one of the reasons why the health law in the broader sense becomes, with constant progress of technology and science, an increasingly important legal branch in the Republic of Croatia, in spite of dispersion of its legal sources. The physicians and patients as providers and users of health care have the rights and obligations determined by laws and bylaws, which they respect in their contractual and, less often, non-contractuary relation. The respecting of prescribed obligations and procedures definitely reduces the possibility of a provider of health care to make an error. Also, patients' failure to co-operate and accept that rules may lead to a shared liability in actions for damages. That is why providers and users of health services should exactly know their rights and obligations in order to avoid unnecessary conflicts and different interpretations, for which purpose a clearly defined legal rule is of utmost importance. This paper deals with specific rights and obligations of providers and users of health care and gives special attention to following institutes: informed patient (precise information and instructions regarding any questions concerning the health), confidentiality issues (confidentiality of all data referring to the health of relevant person and exceptions of confidentiality) and conscientious conduct (physician's right to appeal to conscience if it does not endanger the life of the patient).

legal issues of relations between patient and physicians; special rights; liability

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