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Compаtibility of consumers rights with pаtients rights in medicаl services


Author: Ciochina Elena
Degree:doctor of law
Speciality: 12.00.03 - Private Law (with specification: Civil, Family, Civil Procedure Law, Notary, Business, Informational, Private International, Labour Law, Social Protection Law)
Year:2021
Scientific adviser: Olesea Plotnic
doctor habilitat, professor
Institution: Academy of Economic Studies of Moldova

Status

The thesis was presented on the 17 August, 2020
Approved by NCAA on the 26 February, 2021

Abstract

Adobe PDF document – 0.45 Mb / in english
Adobe PDF document – 0.46 Mb / in romanian

Thesis

CZU 346.548:614.253.83(478)(043)

Adobe PDF document 1.85 Mb / in romanian
226 pages

Keywords

ights, medicаl services, pаtient, consumer, provider, civil liаbility, civil mediаtion, compаtibility

Summary

Structure of the thesis: introduction, four chаpters, conclusions аnd recommendаtions, bibliogrаphy of 297 items, 198 pаges of bаsic text.The results аre published in 12 scientific pаpers.

The purpose of the paper is to carry out a multi-aspect research of the compatibility of the rights of consumers with the rights of patients in the medical services, through the elucidation, the subjects, the legal basis and the legal means of protection that are related to the medical services, as well as the impact of the application of the consumer legislation. developing effective measures to improve the legal and practical framework in the field of research.

Research objectives: analyzing the historical evolution and the institution of medical services; elucidating the doctrinal approaches in the field of the rights of the beneficiaries of medical services; scientific presentation of the beneficiaries of medical services through the legal terminology by identifying the subjects of the health protection system both in the public and in the private domain; the legal approach of the rights of the beneficiaries of medical services in the framework of the health protection system through the public and private system; comparative analysis of the legislation on consumer protection as beneficiaries of medical services; determining the out-of-court settlement procedures and disputes in the field of medical services; analytical presentation of the characteristics of liability for infringement of the rights of consumers of medical services; studying ECtHR jurisprudence regarding liability for infringement of the rights of consumers of medical services; formulation of conclusions and elaboration of recommendations for improving the legal and practical framework in the field of applying legal responsibility in the field of medical services.

The novelty and scientific originality of the thesis and the obtained results consist in addressing the compatibility of consumer rights with patients' rights from the perspective of theoretical but also practical research of all the factors and circumstances relevant to the research topic. The innovative elements are determined by the recommendations formulated to remove the existing gaps in the national normative regarding the protection of the consumers as final beneficiaries of medical services, being offered improvements and legal proposals in this respect.

The obtained results: resides in demonstrating the compatibility of consumer rights with patients 'rights by clarifying the importance of the consumer protection institution and highlighting patients' rights through the prism of consumer legislation, elucidating the particularities and forms of legal responsibility for the violations in the field, as well as making the recommendations and proposаls of lege ferendа towards improving the field of regulation of consumer rights and the efficient use of patient rights in the context of medical services.

Theoretical significance: theses, conclusions and recommendations on topics, the legal basis and the legal means of consumer protection as patients through the specific responsibility of the medical services field complement the theoretical basis of this institution.

The applicative value of the work is determined by the possibility of applying in practice to the conclusions and recommendations formulated, the scientific ideas and the conclusions contained in the thesis can be used: in the doctrinal-theoretical plane, as an initial material for a later approach to the problem. of patients, in the university teaching process on the topic of medical law, namely the responsibility for violating patients' rights.

The implementation of the scientific results consists in the fact that, the recommendations made serve, in particular, for the elaboration of the study programs, the courses in the discipline of the Law of consumer protection and the Medical law, in the training of specialists in the field and in the field of law.