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[Medicine and Law: an Introduction - Part 2]. | LitMetric

[Medicine and Law: an Introduction - Part 2].

Ther Umsch

Praxis für Personalisierte Medizin, Klinik Hirslanden, Zürich.

Published: October 2024

AI Article Synopsis

  • Swiss medical law separates substantive law (which defines rights and duties) from procedural law (which governs how those rights are enforced).
  • It also differentiates between objective law (the overall legal norms) and subjective law (individual rights).
  • Private regulations like the FMH Code and SAMS guidelines add ethical standards to the legal framework, while social insurance law's definition of illness is crucial for legal clarity in medical practice.

Article Abstract

Swiss medical law is based on a clear distinction between substantive and procedural law. Substantive law defines the material rights and duties of persons and institutions, while procedural law regulates the procedures for enforcing these rights. In addition, Swiss law distinguishes between objective law, which represents the totality of legal norms, and subjective law, which defines individual rights and powers. Private regulations such as the FMH Code of Professional Conduct or the SAMS guidelines supplement state medical law and set ethical standards. In social insurance law, the definition of illness (Art. 3 para. 1 ATSG) plays a central role, which is substantiated by case law. The interplay of legal requirements, private-law regulations and clear procedural standards ensures high-quality and legally sound medical practice in Switzerland.

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Source
http://dx.doi.org/10.23785/TU.2024.06.002DOI Listing

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