Abstract
Providing health care services in the Czech Republic is currently subject to several legal regulations and legislative work on individual laws concerned, in particular Act No. 372/2011 Coll., on Health Care Services, and Act No. 84/2012 Coll., The Civil Code, did not take place in a fully coordinated manner. As a result, various aspects of providing health care services (care of health according to the Civil Code, medical procedure according to the Criminal Code) have been regulated by different regulations in different ways and the relationship between individual regulations (typically subsidiarity explicitly stated in Section 9 of the Civil Code and its correlation specialty of special law , in particular the Act on Health Care Services) does not lead in all cases to a clear legal interpretation.
It could be, for example, point out that in practice it is difficult to interpret whether a minor can give informed consent to the treatment under the terms of Section 35 (1) of the Health Services Act or under (significantly stricter) conditions of Section 95 of the Civil Code; on which cases § 100 of the Civil Code falls; under which conditions it is possible to record in a subsidiary way the previously expressed wishes of the patient in the form prescribed for the pre-declaration, etc. Similarly, until now, there is no consensus on whether it is possible to dispense with the obligation to provide the necessary assistance under Section 150, paragraph 2 of the Criminal Code, Article 50 (1) b) of the Health Services Act.