CROATIAN REPORT (UNESCO Chair Unit)
ANNEX 1
Members of the Committee are: Ksenija Turković (J.S.D., LL.M., full professor), Darko Polšek (PhD, full professor), Selma Šogurić (PhD, full professor), Iris Goldner Lang (PhD, associate professor), Jozo Čizmić (PhD, associate professor), Anita Kurtović (PhD, full professor), Iva Sorte Bilajac (PhD, associate professor), Dubravka Šimonović (PhD), Sunčana Roksandić Vidlička (LL.M., assistant professor), Aleksandar Maršavelski (LL.M., research assistant)
ANNEX 2
Our UNESCO Unit supported the organization of the following course that was held at Dubrovnik Inter University Center from 28 June to 3 July 2010 (The coursewas organised in cooperation with the UNESCO Chair in Bioethics, University of Haifa, Israel). Coordinators of the Course were Henk ten Have and Amnon Carmi
Ethics Teacher Training Course
The Ethics Education Program of UNESCO is mapping existing teaching programs in the area of ethics in the Member States of UNESCO. The various programs are described, discussed in expert meetings, and made available in the Global Ethics Observatory (www.unesco.org/shs/ethics/geo). Experiences concerning the contents, intensity, methods and materials of existing programs are therefore publicly accessible and can be exchanged among experts. This course was set up to provide training to ethics teachers with the purpose to enhance their skills and abilities. It aims particularly on training a younger generation of teachers so that ethics teaching programs in the near future can expand and improve in all Member States of UNESCO. Ethics teaching can be made much more influential and attractive for students if they are involved by a highly qualified, stimulating and inspiring teacher.
Each student prepared a “teaching class” on the basis of which he or she received feedback and was evaluated. Each student selected a topic in (bio)ethics according to his or her own choice and expertise, and made a preparation of a “class” or demonstration of his or her teaching skills for maximum 15 minutes. The audience of this presentation was the group of fellow students as well as the teachers.
ANNEX 3
Our UNESCO Unit is doing research on Alternative Dispute Resolution (ADR) Methods in Healthcare Sector.
There is almost no sector in such a need for the development and application of dispute resolution techniques and processes as is the healthcare sector. Incorporation of negotiation, mediation, facilitation, and dialogue techniques with emerging issues such as patient safety, healthy clinical environments, labor shortages, bioethics, technological advances, public health emergencies, health professions education, and access to health services could provide the necessary infrastructure for the evolution of the culture of healthcare.
The literature has noted that malpractice claims are more likely to be triggered by “maloccurence” (bad outcome) than “malpractice” (bad medicine) and that many patients who have suffered consequences of negligent care never file suits for malpractice . If ADR will be more used in health sector that will change. The restoration of violated rights is definitely something that can be much faster resolved through mediation, or some other ADR technique. It should not be forgotten that ADR is closely linked to patient safety policy in hospitals as well as to quality risk management. An optimal system must address the need to prevent medical errors and efficiently compensate medical injuries once they occur.
ADR methods have many advantages comparing to trials at courts, which is especially evident in medical liability cases. First of all, these methods support patients to report cases of medical malpractice without involvement of police, public prosecutors and courts. They also help to prevent mistakes from happening in the future. They represent a good bases for setting up an efficient control of health providers and avoiding adverse events. It should not be forgotten that ADR is closely linked to patient safety policy in hospitals as well as to quality risk management. An optimal system must address the need to prevent medical errors and ways to efficiently compensate medical injuries once they occur .
ANNEX 4
Our UNESCO Unit supported the organization of the following Congress that was held from 8th to 12th August 2010 in Zagreb:
18TH WORLD CONGRESS ON MEDICAL LAW
18th World Congress on Medical Law, which was organized by the Faculty of Law, University of Zagreb, in collaboration with the Medical University of Zagreb, Croatian Ministry of Justice, Ministry of Health and Social Welfare and the World Association of Medical Law and Croatian Association for Patients' Rights.
The Congress is being held every two years and it i san opportunity for a world renowned experts to discuss various topics related to the protection of human rights in medicine and law.Two years ago the Congress was held in Beijing and in two years it will take place in Brazil.
18th World Congress on medical law was attended by over 400 participants from 57 countries. It was opened by the Croatian President prof. dr. Ivo Josipovic on Monday, the 9th August at 9 am at the Westin Hotel, and greetings at the opening ceremony were given by: prof. dr. Ksenija Turkovic, prof. dr. Josip Kregar, president of the Congress, prof. dr. Zeljko Potočnjak, Dean of Law Faculty in Zagreb, prof. dr. Nada Čikeš, on behalf of the Dean of Faculty of Medicine, Professor Amnon Carmi, President of the World Association of Medicine and Law (WAML), Prof. emerit. Zvonimir Separovic, award winner for his contribution to the development of medical law, mr. sc. Zoran Pičuljan, state secretary in the Ministry of Justice, dr. med. Ante Zvonimir Golem, state secretary for health in the Ministry of Health and Social Welfare and Milan Bandic, the mayor of Zagreb.
436 authors from all around the world applied to participate on the Congress, and 400 of them have held presentations. The papers were published in the Congress Proceedings (CD format) and their summaries in the Book of Abstracts. Discussions at the congress were of importance not only for the rights of medical professionals, but also an incentive for further development of medical and health care rights in the World. The central guiding principle of the Zagreb Congress was health as a human rights so that they will be interesting not only to health workers and lawyers but also the general public.
The following themes were represented at the Congress:
1. HEALTH LAW AND HUMAN RIGHTS. AN INSEPARABLE SYNERGY:
- Human rights based approach to regulating patients’ rights
- Patient’s rights representatives
- Obligations and responsibilities of patients
- Health personnel and human rights
- Vulnerable persons
- Children rights
- Human rights issues in health law
2. HEALTH LAW AND MEDICAL INSTITUTIONS
3. ISSUES IN MEDICAL MALPRACTICE AND PHYSICIANS’ LIABILITY
4. ISSUES IN MEDICAL MALPRACTICE AND INSTITUTIONAL LIABILITY
5. MEDICAL LIABILITY AND PROTECTION
6. INFORMED CONSENT
7. BIOETHICS AND LEGAL ASPECTS OF REPRODUCTIVE TECHNOLOGY AND GENETICS
8. ABORTION
9. END OF LIFE DECISIONS
10. ORGAN TRANSPLANTATION
11. HEALTH LAW AND MEDICAL RESEARCH
12. LEGAL ISSUES IN PUBLIC HEALTH
13. BIOETHICAL AND LEGAL ASPECTS OF MENTAL CARE
14. LEGAL APPROACH TO E-HEALTH
15. LEGAL ISSUES RELATED TO PHARMACEUTICAL INDUSTRY
16. NURSING PRACTICE
17. ALTERNATIVE AND COMPLEMENTARY THERAPIES
18. INSURANCE AND HEALTH CARE
19. MEDICAL LAW; HEALTH LAW; BIOEXOLOGY: EDUCATIONAL ASPECTS
Within the Congress many events were also organized: on Tuesday, the 10th August, in the hall of the University of Zagreb, 30th Anniversary of the Journal of Law & Medicine was celebrated, in the Crystal Hall of the Westin Hotel a book presentation was given by the Open Society Institute in New York. The same day, at the University a student competition was held - 20 students from the country and abroad, presented their papers before the jury. At the end of the competition three prizes were given for individual student work and one award for a group work, consisting of a diploma, and scolarships for postgraduate courses at the Centre for Advanced Studies (CAAS) in Dubrovnik and the Association de Recherche et de Formation en Droit Medical in Toulouse.
An important role in the Congress organisation had fifty student volunteers from the Faculty of Law and Faculty of Medicine - they have enabled the organization of the Congress to be on the highest level.
A detailed list of topics that were discussed at the Zagreb Congress, either through plenary sessions, lectures, organization of workshops are located on the website of the Congress (www.2010wcml.com).
Feedback from participants was very positive, both for the organization of the congress, the scientific part of the program and for social programs.
ANNEX 5
Our UNESCO Unit published the translated version of the book Informed Consent (ed. Amnon Carmi): Informirani pristanak / Turković, Ksenija; Roksandić Vidlička, Sunčana, (Croatian editors). Zagreb : Sveučilište u Zagrebu, 2009 (handbook). The Croatian version of the book also contains international documents relevant for informed consent issues.
The members of organizing committee of the UNESCO Chair Unit in Croatia were actively involved in organization of the 18th World Congress on Medical Law that was held from 8th to 12th August 2010 in Zagreb as well as in publishing the following:
- Book of Proceedings of the 18th World Congress on Medical Law, Zagreb Croatia / Turković, Ksenija; Roksandić Vidlička, Sunčana; Maršavelski, Aleksandar, editor(s).
Zagreb : Law Faculty, 2010 (proceedings).
- Book of Abstracts of the 18th World Congress on Medical law, Zagreb, 2010 / Turković, Ksenija; Roksandić Vidlička, Sunčana; Maršavelski, Aleksandar, editor(s).
Zagreb : Law Faculty, 2010 (proceedings).
