Services / Health Law

The law office of Rada & Partner also focuses on the field of health law, including both relationships between medical service providers and health insurance companies arising in the provision of and payment for medical services and relationships between patients and medical service providers in the provision of these services.

The fundamental principles and patients’ rights in the provision of medical services are embodied in constitutional laws and international treaties (such as the Convention of Human Rights and Biomedicine) binding on the Czech Republic. The most important regulations governing the field of health law are as follows:

  • Act No. 372/2011 Coll., on medical services and the conditions of their provision
  • Act No. 373/2011 Coll., on specific medical services
  • Act No. 374/2011 Coll., on the medical emergency service
  • Act No. 48/1997 Coll., on public health insurance
  • Act No. 95/2004 Coll., on the conditions for acquiring and recognising professional qualifications and specialised qualifications to perform a medical profession of a physician, dental practitioner and pharmacist
  • Act No. 96/2004 Coll., on paramedical professions
  • Act No. 592/1992 Coll., on insurance premiums for general health insurance

The field of health law was also affected by the adoption of Act No. 89/2012 Coll., the Civil Code, which – often in parallel with the Medical Services Act – provides for medical interventions in relation to patients’ personal rights. The new regulation also had a major effect on claims following from liability for personal injury as it repealed Decree of the Ministry of Health No. 440/2001 Coll., on compensation for pain and diminishing of social position. The courts will continue to deal with questions of compensation for personal injuries in the sense of Section 2958 of Act No. 89/2012 Coll. in line with the Supreme Court’s Methodology of determining compensation for personal injuries (pain and diminishing of social position pursuant to Section 2958 of the Civil Code) – cf. the Methodology.

The office of Rada & Partner has experience in the field of health law especially with:

  • procedures aimed at obtaining the necessary authorisations and compliance with the preconditions for the provision of medical services
  • founding legal entities – medical service providers
  • transfers of private practices
  • legal counselling for medical service providers within their everyday activities
  • resolution of disputes relating to payments for medical services
  • liability for injuries to patients caused during the provision of medical services

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