Legal Framework for Rights and Obligations of Healthcare Practitioners and Patients
Study Course Implementer
Dzirciema street 16, Rīga, szf@rsu.lv
About Study Course
Objective
Develop an in-depth and practical understanding for students of the interaction of medical legal systems, rights and duties of patients and medical practitioners, sources of national, European Union and international law, as well as the role of case law in health care. The aim of the course is to develop the ability to legally analyse clinical, pharmaceutical and digital health situations, prepare simple legal documents and professionally justify solutions to protect the rights of patients and medical practitioners.
Preliminary Knowledge
Knowledge of basic professional ethics issues in health care; ability to read laws, regulations and academic texts in Latvian and English is recommended.
Learning Outcomes
Knowledge
1.The student will acquire in-depth knowledge of the system of sources of medical law in Latvia, the European Union and the international level and will be able to explain the importance of case law in regulating legal relations of healthcare.
Final test: in-person multiple choice test (MCQ)
2.The student will acquire in-depth knowledge of the patient’s rights and obligations and will be able to characterize the right to information, informed consent, waiver of medical treatment, access to medical documents, protection of health data and harm compensation mechanisms.
3.The student will acquire in-depth knowledge of the competence, professional duties and types of legal liability of medical practitioners and support persons, including in professional activities in the digital environment, telemedicine and epidemiological security situations.
Final test: in-person multiple choice test (MCQ)
Skills
1.The student will gain the ability to identify legally relevant facts and apply the relevant legal provisions and case law in healthcare situations.
Final test: in-person multiple choice test (MCQ)
2.The student will gain the ability to analyse weddings related to violations of patients’ rights, legal liability of medical practitioners, protection of health data and cross-border healthcare.
3.The student will gain the ability to prepare simple legal documents in the field of medical law, including a legal opinion, draft complaint, draft informed consent or withdrawal from medical records and an assessment of legal risks
4.The student will acquire the ability to communicate legally and professionally on the rights and obligations of patients and medical practitioners in an intelligible language, including in digital communication situations.
Competences
1.The student will be able to independently and responsibly take legally and ethically justified decisions regarding the protection of the rights of patients and medical practitioners.
Final test: in-person multiple choice test (MCQ) • Class attendance • Learn an E-lecture and test knowledge
2.Students are able to apply acquired knowledge in the field of law by working with modern technologies, taking into account their impact on the protection of the rights of patients and medical practitioners.
Assessment
Individual work
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Title
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% from total grade
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Grade
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1.
Class attendance |
20.00% from total grade
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Test
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The student shall attend the study course classes in accordance with the study schedule and register his or her participation in E-studies in accordance with the procedures specified. During classes, the student shall engage in discussions, analysis of legal situations and fulfilment of other tasks specified by the lecturer. In case of justified delay, the student shall acquire the delayed study content and perform the compensatory task specified by the lecturer. Attending classes is a mandatory requirement for completion of the study course and a prerequisite for successful completion of the course. |
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Examination
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Title
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% from total grade
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Grade
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1.
Learn an E-lecture and test knowledge |
30.00% from total grade
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10 points
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The student shall independently watch the e-lecture inserted in E-studies and become acquainted with the teaching materials attached thereto. After acquiring an e-lecture, the student shall perform an electronic knowledge test within the time period specified by the lecturer. |
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2.
Final test: in-person multiple choice test (MCQ) |
50.00% from total grade
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10 points
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The final examination is an individual and face-to-face multiple choice test for the entire content of the study course. The test shall include closed-type questions with one or more correct answers according to the indication of each question. |
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Study Course Theme Plan
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Video Lecture
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Modality
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Location
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Contact hours
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Off site
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Video
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2
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Topics
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Introduction to medical law and human rights fundamentals in healthcare
Description
In the topic, students will gain an understanding of the nature of medical law and its relation to human rights in healthcare. Key international and European human rights documents will be addressed, including the Human Rights and Biomedical Convention (Oviedo Convention), the Universal Declaration of Human Rights, the European Convention on Human Rights and Directive 2011/24/EU of the European Parliament and of the Council on the application of patients’ rights in cross-border healthcare. Students will analyse the importance of human dignity, autonomy, equality, privacy and the right to healthcare, as well as assess the application of these principles to the rights and obligations of patients and medical practitioners. |
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Lecture
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Modality
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Location
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Contact hours
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Off site
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Online
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2
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Topics
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The Digital Health ecosystem and the European Health data area
Description
In the topic, students will become acquainted with the basic principles of the digital health ecosystem, the importance of digital transformation in healthcare and its impact on the quality, availability and sustainability of healthcare services. Digital health solutions including eHealth, telemedicine, artificial intelligence, wearable technology and the use of health data in medicine will be looked at. Students will analyse the regulation of the European Health data Space (EHDS), principles of digital health management, data compatibility requirements, patients’ ability to control their health data, as well as digital health developments in Latvia and the European Union. Particular attention will be paid to the legal, ethical and organisational challenges of digital transformation, as well as the importance of patient-centred healthcare and digital literacy. |
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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Online
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2
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Topics
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The Digital Health ecosystem and the European Health data area
Description
In the topic, students will become acquainted with the basic principles of the digital health ecosystem, the importance of digital transformation in healthcare and its impact on the quality, availability and sustainability of healthcare services. Digital health solutions including eHealth, telemedicine, artificial intelligence, wearable technology and the use of health data in medicine will be looked at. Students will analyse the regulation of the European Health data Space (EHDS), principles of digital health management, data compatibility requirements, patients’ ability to control their health data, as well as digital health developments in Latvia and the European Union. Particular attention will be paid to the legal, ethical and organisational challenges of digital transformation, as well as the importance of patient-centred healthcare and digital literacy. |
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Video Lecture
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Modality
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Location
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Contact hours
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Off site
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Video
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2
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Topics
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Sexual and reproductive rights, religious freedom and life-ending decisions in medicine
Description
In the topic, students will become acquainted with the legal framework for sexual and reproductive rights, the principle of patient autonomy and respect for human rights in healthcare. Issues of reproductive health care, termination of pregnancy, the rights of underage patients, vaccination and the balance of public health protection with an individual’s fundamental rights will be analysed. Students will evaluate the importance of religious beliefs and freedom of conscience in the medical treatment process, including refusal of medical practitioners to provide certain health services and refusal of medical treatment by patients on religious grounds. Legal and ethical aspects of life-ending decisions, cessation of medical treatment, palliative care and protection of human dignity at the end of life will be addressed, analysing the regulatory framework of Latvia and the case law of the European Court of Human Rights |
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Class/Seminar
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Modality
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Location
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Contact hours
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Off site
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Online
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2
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Topics
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Protection of patients’ rights and medical negligence in the case-law of the European Court of Human Rights
Description
In the topic, students will analyse the mechanisms for the protection of patients’ rights within the framework of the Latvian, European Union and European Convention on Human Rights, paying particular attention to the State’s obligation to ensure safe and high quality healthcare. The legal instruments for the protection of patients’ rights, the concept of medical negligence (medical negligence) and the conditions for professional responsibility of the medical practitioner will be addressed. Students will analyse the case law of the European Court of Human Rights, including cases on the right to life, effective investigations, quality of treatment and the protection of patients’ rights, assessing the role of case law in the application of national regulation and quality assurance of healthcare. Particular attention will be paid to the application of the patient Rights Act, Medical treatment Act, Directive 2011/24/EU and other legislation in practical situations. |
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Lecture
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Modality
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Location
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Contact hours
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Off site
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Online
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2
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Topics
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AI in healthcare: legal framework, ethics and governance
Description
In the topic, students will become familiar with the use of artificial intelligence (AI) in healthcare, analysing the opportunities it provides and legal, ethical and organisational challenges. The European Union’s artificial Intelligence Act (AI Act) framework, risk-based classification of AI systems, high risk AI system requirements and application of AI to medical devices, clinical decision support and telemedicine solutions will be addressed. Students will analyse issues of patient autonomy, informed consent, health data protection, algorithmic bias, transparency, cybersecurity and legal responsibility, as well as recommendations from the World Health Organization (WHO) and OECD on the reliable and human-centred use of AI in healthcare. Particular attention will be paid to the role of the medical practitioner in AI-assisted decision-making, the protection of patients’ rights and the principles of digital health management. |
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Class/Seminar
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Modality
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Location
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Contact hours
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Off site
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Online
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2
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Topics
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Telemedicine, cross-border healthcare and digital health legal challenges: case law analysis
Description
In the topic, students in groups will analyse foreign case law on telemedicine, cross-border healthcare and the provision of digital health services. The cases to be analysed will include issues of licensing of medical practitioners, professional responsibility for providing remote healthcare services, responsibility of digital health platforms, electronic prescribing, jurisdiction in cross-border healthcare and protection of patients’ rights in the digital environment. Students will assess the factual circumstances of the case, identify the applicable legal provisions, analyse the reasoning of the court and formulate conclusions on legal risks and how to remedy them in telemedicine practice. |
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Lecture
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Modality
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Location
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Contact hours
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Off site
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Online
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2
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Topics
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Mechanisms for the Protection of patients’ Rights, complaints, remuneration and Medical risk Fund
Description
The topic will look at the mechanisms for protecting the rights of court and out-of-court patients. Students will become acquainted with the possibilities for submitting complaints to a medical treatment institution, supervisory authorities and other competent authorities, as well as with the protection of rights within the framework of civil proceedings, administrative proceedings and constitutional control. The activities of the Medical risk Fund, the procedures for the submission of an application, the conditions for reimbursement of harm and expenses, as well as the role of the Fund in the protection of patients’ rights will be analysed. |
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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Online
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2
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Topics
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Mechanisms for the Protection of patients’ Rights, complaints, remuneration and Medical risk Fund
Description
The topic will look at the mechanisms for protecting the rights of court and out-of-court patients. Students will become acquainted with the possibilities for submitting complaints to a medical treatment institution, supervisory authorities and other competent authorities, as well as with the protection of rights within the framework of civil proceedings, administrative proceedings and constitutional control. The activities of the Medical risk Fund, the procedures for the submission of an application, the conditions for reimbursement of harm and expenses, as well as the role of the Fund in the protection of patients’ rights will be analysed. |
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Lecture
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Modality
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Location
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Contact hours
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Off site
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Online
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2
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Topics
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Psychiatry, involuntary treatment, public health protection and epidemiological safety
Description
The topic will address patients’ rights in psychiatric medicine and the legal prerequisites, procedural guarantees and control mechanisms for the application of coercive treatment. Students will analyse the application of the principles of necessity, proportionality and least restrictive measure in cases of restriction of personal freedom and autonomy. The balance between the rights of the individual and the protection of public health in epidemiological safety situations will be assessed, including in the context of the containment of infectious diseases, isolation, vaccination and other public health measures. |
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Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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Online
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2
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Topics
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Psychiatry, involuntary treatment, public health protection and epidemiological safety
Description
The topic will address patients’ rights in psychiatric medicine and the legal prerequisites, procedural guarantees and control mechanisms for the application of coercive treatment. Students will analyse the application of the principles of necessity, proportionality and least restrictive measure in cases of restriction of personal freedom and autonomy. The balance between the rights of the individual and the protection of public health in epidemiological safety situations will be assessed, including in the context of the containment of infectious diseases, isolation, vaccination and other public health measures. |
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Video Lecture
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Modality
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Location
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Contact hours
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Off site
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Video
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2
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Topics
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Epidemiological safety and public health regulatory framework
Description
In the topic, students will analyse the legal framework for epidemiological safety and the state’s obligation to ensure public health protection while respecting human rights and patient autonomy. The legal mechanisms for limiting the spread of infectious diseases, the vaccination framework, the application of mandatory epidemiological safety measures and the importance of the principle of proportionality in limiting fundamental rights will be addressed. Students will evaluate the regulatory framework of Latvia, the requirements of the European Convention on Human Rights and the case law of the European Court of Human Rights, analysing the balance of public health interests and rights of an individual in epidemiological safety situations, as well as professional duties of medical practitioners in the prevention and control of infectious diseases. |
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Video Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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Video
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2
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Topics
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Impact of new technologies on human rights
Description
The topic will analyze the impact of digital health technologies, telemedicine, digital platforms, remote consulting and the use of artificial intelligence on patients’ and medical practitioners’ rights. Students will assess privacy, data security, equal access, discrimination risk, algorithmic bias, decision explainability and human oversight issues. The definition of professional competence, cross-border services, jurisdiction and responsibility in situations where the healthcare service is provided in a digital environment will be addressed. |
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Test
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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E-Studies platform
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1
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Topics
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Impact of new technologies on human rights
Description
The topic will analyze the impact of digital health technologies, telemedicine, digital platforms, remote consulting and the use of artificial intelligence on patients’ and medical practitioners’ rights. Students will assess privacy, data security, equal access, discrimination risk, algorithmic bias, decision explainability and human oversight issues. The definition of professional competence, cross-border services, jurisdiction and responsibility in situations where the healthcare service is provided in a digital environment will be addressed. |
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Lecture
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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Online
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2
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Topics
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Civil, administrative, disciplinary and criminal liability of medical practitioners
Description
The topic will compare the types of legal liability of medical practitioners and the prerequisites for their application. Students will analyse the role of unlawful behaviour or inaction, guilt, harm and causation in determining liability. Civil liability for harm caused to a patient, disciplinary and professional liability, administrative liability and criminal liability for criminal offences in the field of medical treatment will be considered. Practical examples will distinguish between professional error, medical risk and legally punishable behaviour. |
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Class/Seminar
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Modality
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Location
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Contact hours
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|---|---|---|
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Off site
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Online
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2
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Topics
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Civil, administrative, disciplinary and criminal liability of medical practitioners
Description
The topic will compare the types of legal liability of medical practitioners and the prerequisites for their application. Students will analyse the role of unlawful behaviour or inaction, guilt, harm and causation in determining liability. Civil liability for harm caused to a patient, disciplinary and professional liability, administrative liability and criminal liability for criminal offences in the field of medical treatment will be considered. Practical examples will distinguish between professional error, medical risk and legally punishable behaviour. |
Bibliography
Required Reading
Wilkinson, T. M. The Ethics of Public Health Paternalism. Oxford: Oxford University Press, 2025.
Johnston, C.; Bradbury, P. 100 Cases in Clinical Ethics and Law. 2nd ed. Boca Raton: CRC Press, 2016.Suitable for English stream
Herring, J. Medical Law and Ethics. 10th ed. Oxford: Oxford University Press, 2025.Suitable for English stream
Hervey, T. K.; McHale, J. V. European Union Health Law: Themes and Implications. Cambridge: Cambridge University Press, 2015.
World Health Organization. Global Strategy on Digital Health 2020–2027. Geneva: World Health Organization, 2025.Suitable for English stream
World Health Organization. Ethics and Governance of Artificial Intelligence for Health: WHO Guidance. Geneva: World Health Organization, 2021.Suitable for English stream
Raposo, V. L. “Telemedicine: The Legal Framework (or the Lack of It) in Europe.” GMS Health Technology Assessment. 2016,Suitable for English stream
Šāberte, L. Pacienta un ārsta tiesības paust savu reliģisko pārliecību ārstniecībā. Promocijas darbs. Rīga: Rīgas Stradiņa universitāte,
Palkova, K.; Šāberte, L. “Administrative Liability for Vaccination with an Age-Inappropriate SARS-CoV-2 Vaccine: Latvian Experience.” European Journal of Health Law. 2023,Suitable for English stream
Palkova, K.; Āboliņa, L. “Protection of the Rights of Minor Patients and Public Health Ballance: Challenges of Mandatory Vaccination.” Socrates. 2024,Suitable for English stream
Hervey T.K., Young C.A., Bishop L.E, “Research Handbook on EU Health Law and Policy”, Edward Elgar Publishing, UK, 2017.Suitable for English stream
Additional Reading
Casarosa, F., Gennari, F., & Rossi, A. (Eds.). (2025). Enabling and safeguarding personalized medicine. Springer.Suitable for English stream
Cohen, I. G., Baruch, S., Epstein, W. N., Robertson, C., & Shachar, C. (Eds.). (2025). Health law as private law: Pathology or pathway. Cambridge University Press.Suitable for English stream
Balestrieri, M., & Cauduro, A. (Eds.). (2026). The legal anatomy of the body: Health, rights, and politics in times of emergency. Springer.Suitable for English stream
Eiropas Savienības Publikāciju birojs. (n.d.). EUR-Lex: Piekļuve Eiropas Savienības tiesību aktiem.Suitable for English stream
European Court of Human Rights. (n.d.). HUDOC: European Court of Human Rights case-law database.Suitable for English stream
Court of Justice of the European Union. (n.d.). InfoCuria: Case-law of the Court of Justice of the European Union.Suitable for English stream
World Health Organization. (n.d.). Harnessing artificial intelligence for health.Suitable for English stream
Other Information Sources
Latvijas Republikas Satversme. (1922). Latvijas Vēstnesis, 43, 01.07.1993. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Pacientu tiesību likums. (2009). Latvijas Vēstnesis, 205, 30.12.2009. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Ārstniecības likums. (1997). Latvijas Vēstnesis, 167/168, 01.07.1997. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Seksuālās un reproduktīvās veselības likums. (2002). Latvijas Vēstnesis, 27, 19.02.2002. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Epidemioloģiskās drošības likums. (1997). Latvijas Vēstnesis, 342/346, 30.12.1997. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Par miruša cilvēka ķermeņa aizsardzību un cilvēka audu un orgānu izmantošanu medicīnā. (1992). Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, 1/2, 14.01.1993. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Veselības aprūpes finansēšanas likums. (2017). Latvijas Vēstnesis, 259, 31.12.2017. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Civillikums. Ceturtā daļa: Saistību tiesības. (1937). Valdības Vēstnesis, 46, 26.02.1937. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Krimināllikums. (1998). Latvijas Vēstnesis, 199/200, 08.07.1998. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Administratīvās atbildības likums. (2018). Latvijas Vēstnesis, 225, 14.11.2018. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Ministru kabineta noteikumi Nr. 265 “Medicīnisko dokumentu lietvedības kārtība”. (2006, 4. aprīlis). Latvijas Vēstnesis, 57, 07.04.2006. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Ministru kabineta noteikumi Nr. 1268 “Ārstniecības riska fonda darbības noteikumi”. (2013, 5. novembris). Latvijas Vēstnesis, 228, 22.11.2013. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream
Ministru kabineta noteikumi Nr. 555 “Veselības aprūpes pakalpojumu organizēšanas un samaksas kārtība”. (2018, 28. augusts). Latvijas Vēstnesis, 176, 05.09.2018. Spēkā esošā konsolidētā redakcija. Likumi.lv.Suitable for English stream