| Popis: |
In addition to various aspects of legal liability of health professionals and/or institutions regarding the prevention, diagnosis and treatment of citizens afected by COVID-19, the lack of access to medical treatment during the pandemic raises the issue of violation of health rights. The right to health includes, inter alia, the right to disease prevention, treatment, and control, as well as equal and timely access to health services such as basic medicines and medical care. Restrictions or difcult access to healthcare and care in the daily treatment or diagnosis of serious diseases, in which time is crucial for cure or survival, were especially pronounced during the so-called lockdown. Although all EU and WHO guidelines indicated that diagnostic and operative procedures should be cancelled whenever possible during the pandemic, the question of responsibility of healthcare workers and institutions for the unavailability of necessary medical care, such as delayed or discontinued oncological medical care, was raised. At the same time, the COVID-19 pandemic poses a huge burden on health systems, as many health facilities face a shortage of staf, leaving health workers overburdened and under high personal risk. It is to be expected that special problems will arise in relation to various aspects of legal responsibility of health professionals and institutions, primarily hospitals, due to the unavailability of treatment and care, e.g. for delayed or discontinued oncological medical care. Such violations of the right to health encroach on the areas of criminal, disciplinary, administrative and compensation liability of health professionals and institutions, and the issue of compensation and criminal liability of natural and legal persons for unavailability of medical care during pandemic conditions is particularly complex. The judiciary will need to take a stance on whether the COVID-19 pandemic is a force majeure, a conflict of duty or an ultimate necessity in all cases of unavailability of medical care, and whether it is an unjustifed denial of necessary assistance, which is also a criminal offence. |
