Doctor's freedom to choose therapy, between ideal and realitylegal challenges during SARS-CoV-2 pandemic

Simić, Jelena and Popović, Jovana (2023) Doctor's freedom to choose therapy, between ideal and realitylegal challenges during SARS-CoV-2 pandemic. In: Thematic conference proceedings / International scientific conference Law between the ideal and the reality ; [editor Strahinja Miljković]. University, Faculty of Law ; Institute for Comparative Law, Priština [i. e.] Kosovska Mitrovica ; Belgrade, pp. 69-83. ISBN 978-86-6083-087-8

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Abstract

The COVID-19 pandemic has brought numerous challenges for all professions. However, healthcare professionals have been under the greatest pressure. From greater exposure to the risk of infection, injury or even death in the fight against COVID-19, to the inability to adequately provide medical care to the patient due to lack of adequate therapy or time to devote to each patient individually. In a situation where patient mortality is increased and when the circumstances caused by the pandemic raised the question of timely obtaining protocols for assessment, triage, testing and treatment of patients, as well as accurate instructions on providing patients and the public with information concerning SARS-CoV-2 virus prevention, certain healthcare professionals, looking for a way to help patients fight COVID-19, made decisions that needed to be legally examined. Therefore, in this paper, the authors will use the example of the use of the drug "Ivermectin" during the pandemic to analyze the legal framework of the freedom of choice of therapy that a doctor has when treating a patient. The authors will conclude that the bottom line of responsible choice of therapy is conscientious weighing of benefits and risks in each specific case, after the general conditions of performing medical activity have been met, and that the doctor is obliged to act with due care required by the medical standard. From the legal point of view, the law does not determine what and how doctors should act, but only checks whether they act in line with what and how their profession requires.

Item Type: Book Section
Additional Information: COBISS.SR-ID 115747081
Uncontrolled Keywords: ethics, COVID-19 pandemic, doctor’s responsibility, Ivermectin, Serbian Medical Chamber.
Subjects: Law (General)
Depositing User: Mr Stanko Kovačić
Date Deposited: 22 Dec 2023 16:25
Last Modified: 27 Dec 2023 10:57
URI: http://repozitorijum.pravnifakultet.edu.rs/id/eprint/908

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