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

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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Publication Details

Journal
PubMed
Published
2024-10-01
DOI
https://doi.org/10.23785/tu.2024.06.002
Primary Topic
Medical Malpractice and Liability Issues
Type
article
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article

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

Thomas D. Szucs
PubMed
Medical Malpractice and Liability Issues
article

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

Thomas D. Szucs
article en

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.

PubMedVol. 81(6)
Klinik Hirslanden (CH)
Medical Malpractice and Liability Issues
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