АУТОНОМНИ КОНЦЕПТ ОДНОСА ЛЕКАРА И ПАЦИЈЕНТА КАО ПРОДУКТ ДРУГОГ ТАЛАСА ГЛОБАЛИЗАЦИЈЕ
AUTONOMY-BASED DOCTOR-PATIENT RELATIONSHIP AS A PRODUCT OF THE SECOND WAVE OF GLOBALIZATION

Summary/Abstract: A proper use of such a complex term as globalization, first, calls for making a proper distinction between globalization (as a process) and globalism (as an idea) and globality (as a attained level of globalization). Its proper use also requires a high degree of awareness that globalization is not a single process but rather a multi-faceted process which certainly entails different periods and phases in its development. Considering the simplest form of “perodization”, there are three distinct phases or “waves” of globalization, which are the starting point of this research. Both in historical and comparative law terms, it is quite obvious that it was the second wave of globalization that probably brought the most important novelty in tort law. Namely, the second wave of globalization was triggered by rapid scientific and technological progress. Under the impact of this progress, the paternalistic concept in doctor-patient relations has been replaced by an autonomy-based concept which inter alia promotes autonomy-based doctor-patient relations. From the standpoint of tort law, even in those legal systems that do not recognize unlawfulness (de facto and often de jure) as an individual legal institute, it implies incorporation of one of the legal grounds for exclusion of unlawfulness: the informed consent of the injured party or the patient’s consent to medical treatment

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