FORENSICS (2)

Author: GALLEGO RIESTRA SERGIO MANUEL.
Year: 2006.
University: OVIEDO [www.uniovi.es].
Place of defense: SEMI. DE BIOQUI. EDIF. SANTIAGO GASCON.
Place of preparation: UNIVERSIDAD DE OVIEDO.

Summary: It has, in its first part to discuss the ethical and legal foundation of the doctor patient relationship in its current configuration. On a clear paternalistic model, in which the physician holds a prominent position on the patient and allowing qualify as a vertical relationship, it has been a relationship of equality in which doctor and patient are on the same plane and where the patient makes the decisions about their own health. This involves building a model in which the dignity, privacy and respect for the autonomy and freedom are configured as basic principles governing the doctor patient relationship. Its highest expression is the so-called informed consent, figure with a clear settlement on our health system and that there was nothing more that recognition of the right of people to self-determination in health, namely to make their own decisions about their health after receiving the sufficient and adequate information to do so. Secondly, we have focused on a very concrete manifestation of the right to autonomy. We refer to the Wills Anticipadas or instructions as shown previews that allows a person can, in advance, to express their wishes or options to be taken into account is the time that, for health reasons, could not do so personally. While this is a figure emerged in the United States in the mid-nineties, its regulation in Europe is entirely new, and our country is at the moment still under regulation and implementation.

Author: RODRÍGUEZ MOROÑO FRANCISCO JAVIER.
Year: 2006.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE MEDICINA.
Place of preparation: FACULTAD DE MEDICINA - UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: The competence of the European Union in the area of health care remains relatively limited, which means that the Member States have the power to determine the type and structure of its national health system. The coordination rules Community, and specifically the EEC Regulation 1408/71, from its inception, have regulated the cross-border service benefits in kind of sickness, maternity and accident in the event of residence or stay in the State other than the component. That is, its provisions provide for the mobility of citizens who may unexpectedly transformed into patients. However, not covered, except in a very narrow, and always subject to prior authorization displacement territory of a State other than competent to receive the same health care. And all would be well if not by the Court in Luxembourg and the many innovative rulings of the Court of Justice in this area that have been instrumental to be replaced at present by the new regulation 883/2004, Parliament European coordination of social security systems, in terms of health services and free movement within the Union. Likewise, those judgments have been used to influence policy decisions today, and forecasts future, as regards freedom of movement of patients, where actions as: European Health Insurance Card, Point of Reference Technology in Health, Health Online, Health Tourism Mobility and border points are the priority.