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The law is straight, the use of it sometimes is not. A condensation of the legislationsystem in the need for a rigour management of the medical legisaltion with a treatment about abuse within the patient rights conscidering the position of the patient, what is also forming a pleigh to make accordingly rigour inproovements in the medical legislation as wel as ih the conduction of that legislation. By Siegfried van Hoek.

An introductional drawing of the history of the dellopment of the system of legislations. Once there was a time that proverbial the mayers son unpunished could outrage on the warm daughter of the baker, or in other words in the turbulance of time with several changes of emporment tribunes regulary the uniformity in legislation was lost. After the epoque of the French revolution it was found nescessary to construct a legislation that was valuable to everybody, and this legislation in total this was called the codification. The terms equality, brothership and freedom founf theur authority within. Herewith arose the basis for the devellopment of the system of legislations. A first important modification following upon was the discrimination into three authorities: the Trias Politica: the legislating force (politics), the executing force (society, police) and the controling force (police, judge etc.). This trinity was ment to prevent that the legislater or the executing force could applie or alter the legislations in their interest. Another important devellopment was the description of the convention of the human rights. Different from this term is suggesting thes are no laws or rights, but moreover appointments, whereof the influence is to be found back in the basic legislation ground law of various countries. Likewise in the Dutch ground law is taken in the right for equal treatments in person, but also the right for a reliable medical treatment. The grounlaw as the word is already telling is forming the basis of the sysyem of legislation. The groundlaw contains for a part the rights of the civilian and further the installation and management of the state, whereout are coming forth the duties for the civilians in the upfollowing books of legislation, which are pointing out the acceptable standard which behaviour is valuable within the state. Duties also implicitly give rights, but rights spoken out are better. The criminal law is there to set exceeds of the standard punishable. In the criminal legislation is described as well the way of examination, judgement, as well as the measure of punishment, but also under which conditions what kind of behaviour is exactly punishable by law. Especially this book of legis;ation is herewith much in devellopment, because of the excistance of it within a society in devellopment with new eareas of criminal law arising (f.i. Internet-hacking), or certain areas are just becoming permitted (f.i. cannabis, euthanasie). bis). Seen in reverse one could state, that the existance of the state and the civillians are discribed completely in such a wanted way as universal as possible in a system of legislation. Whitin that system adaptations and new laws are made in reaction upon a society in devellopment, wherein a civillian maty have a independant responsable existance. Because of the creation of the free market effect (and the reduction of practical interference of the government about the actual execution) in the last decennium the position and the rights of the civillian as a consumer is taking a more important position, which is leading also again to new adaptations and laws. The civillian as juridical layman and the unwritten legislations as standard. A lawyer does not need to learn the book of legislation by heart, he has to now his way in it and is consulting searching up the discribed legislations. A layman does need to be able to do all this, the law is namely based upon common sence of rights and duties in mutual respect and equality. Within court the judge is also judging with common sence and understanding of laws. Everybody realizes that one cannot violate (without permission) another third person like that. In medical activities there is talk of defamation of the body; a addressed elaborated legislation is important therefor, because the law itself is based upon legislation and not just upon a mere common sence of what is allowed or not. This

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elaborated legislation is lacking however, and reformations are needed very hard in order to improove the position of the patient nescessararely truly indeed. The being in default of the Trias Politica in the medical rights of the civillion. Selfdetermination for the civillian is a domain, which particulary in the medical legislation needs to be elaborated better. The rights of the civillian on the medical plane were now mainly an extraction of the obligations of the healthcare provider, and there were no defined rights for the patient, where they could appeal to. The execution of the medical legislation therefor is in contradiction with the system of legislation of the Trias Politica: The fellow-doctor can take himself seat on the chair of the judge in the evaluation of madical activities, and the patient has no input at all. Next to this there is an openly acknowledge cortactual obligation from the insurers side to remain silent, in the case of arising medical injury of harm, by which the patient even can be confronted with the concealment of medical injury of harm. The obligation to silence is however a minor ‘legislation’ then the right for protection for the civillian, for the right for equal treatment and obtaining a reliable healthcare is in fact even descibed in priamry ground legislation! Herewith should be mentioned, that medical reports in case of medical injury of harm coming into excistance ofeten appeared to be incomplete...; or in other words medical injury of harm can be judge with an incomplete file by a fellow-doctor, which is taking the disciplinairy judging function. In that case we can talk of mingling of interests, wherein untruthfull administration of justice with verdicts can excist. Even the policians appeared to ‘tolerate’this unwanted behaviour. Secretary of State (for instance) of the laborparty Partij van de Arbeid for instance Ms. Dr. Jet Bussemaker, which a year ago (in 2007, in reaction upon a political question from Mr, Geert Wilders concerning the excistance of clandestine medication experiments on patients, not needing that medicin at all) declared, that doctors in their edjucation should learn, to inform patients before about an experimental treatment (in abuse)... I point out that her answer is averse from what we should expect from a regent, for in 2003 came into excistance the legislation agreement for medical treatment (Dutch law WGBO), wherein the right for complete information and treatment options advice indeed wás settled already. Besides the fact that every welthinking being knows out of common sence, that somenone is not allowed to perform experimental activities on a patient without the permission of the patient! Added to this, that exactly because the medical legislation is that poor, the patient also can be aggrieved (jurisdiction) in the advocay of madival injury of harm in the patient rights. ‘Body-snatching’is a phenomena that can arise... This, while the Police has no qualification into this domain. NeVeMeDis already stated, that err is human, bit to conceal is not human. The dupe of the patient in society is however with the cult of silence in evaluation of medical injury of harm even a direct violation of human rights. Finally we can talk of a deliberate violation of the patient in its natural legal ground concerning its well being of its bodily property and life. Next to the cult of silence around medical mistakes apparently there also is abuse for improper violative experimental purpose. A legisaltion that is permitting abuse ought to be adapted. The Trias Politica is failing in the medical legislation? One causal problem was, that the legislation around medical handlings for the patient were an extraction of the tretment obligations for the healthcare provider, by which the patient were not given rights in the direct sense in the appeal to that obligations. The evaluation of medical activities in judging upon is a delicate matter, when we are dealing with medical injury of harm. Ultimately the activities of a doctor (honourable in ideal) is put to judgement and also the extend of suffering of the patient in cause of will be defined. That judgement ought to happen honourable and rigourous!

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A Trias Politica for the medical sector The constitunional ground law for a reliable medical healthcare is major to the predeiscribed cult of silence based upon insurance technical grounds. Above the current relevat kegislations have a wide spread existance over various books of legislation. Just because in medical activities we are dealing with touching of the body/metal being (with permission?) of the patient (and/or endorsee) a reliable installation installation of law is needed. It would be better to form a Compelled Book of sevral legislations in the following order of interest (incl WGBO etc.), which are related to the prescription and evaluation of medical legislation, with a clear addressment to the original offspring of the legislations. This will lead to more unequivocalness in the matter. Herein new major legislations can be added, which for instance can give support to the rights and the support of honest doctors (under common sense). Herein also a particular legislation can excist, which is made to persecute just unwanted medical behaviour. Violation, damaging, killing, taking away, implanting, and non-fullfilment etc, as they are written down in the Criminal law, should receive a medical interpretation; we are dealing here in thát case with serious forms of deformation of profession (being medical (experimental) abuse and severe medical neglectance). Disciplinairy law should find his way about the evaluation of medical activities eventually, but after the exclusion of severely punishable committed facts, because sever deformation of profession inmy opinion indeed should be persecuted with criminal law, because the disciplinairy law namely only knows a formal suspension up to exclusion of profession. Only after a research for the various causes and a eventual repair treatment towards the original it is possible to judge a medical activity on ots integrety. As regards content honourable doctors and honest patients should be protected better together specially in their rights, because obligations are many. We are not talking of a kind of ‘Oslo-syndroom’, but just about defining better the rights for the doctor an the patient/consumer, as well as the command for duties (punishment) in case of mutual deliberate failing or violation. Next to this a separate evaluatig judging force should excist for medical issues, wherein also the Police should have a certain qualification in bringing up of a case. External research regarding the judgement of medical activities should be as valauable as the original written medical report. (I.E: When there is no resemblance analogue between the origial medical treatment report and an external expertise regarding the medical status of a patient wth a second opinion, then there is talk of of a seriuos violation of standard by óne of the report creators.) In result of the devellopments of creating privatised market the privat second opinion already excists in the medical sector, but the reports in spite of their specialism of profession still can be neglected. In judging a casus openly and with mutual understanding there would be done more and better justice to all parties. After being told, Patients prevail an honest treatment above a financial interest. And also doctors often choose that form of profession out of a certain ideal... Within the executing force to activities, and the judgement of, as wellas the doctors as well as the patients should have an equal right. The right obtains at last a resonal understanding of mutual respect, also in the undescribed form. The lack of a reasonable workout of it in medical legislation is as a disablement in the execution of law. The right for repair-treatment in all reasonabillity should be put above financial compensation. Financial compensation should be conscidered pragmatically: what were avoidable mistakes; what does one need to function in society; and to what extend there is a signoficant loss of quality in life caused by acts erroneously. Healthcare should remain affordable afterall. Retrospect A doctor is no Godly curer, the patient also is no revenge-Devil, reasonability and openness in mutual understanding should do a lot well. Right-minded people will assent

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this thesis. Inequalities in the judgment, with concealment of (medical) undesirability’s, is concerning a deliberate defamation of state wherein all should have an (equal) existence. Next to the rights of the patient there also should be rights for the honourable doctor. Medical injury of harm therefore should discussable openly, the financial interest is mainly at the side of the liability insurer of the doctor; in spite of the assertion of a financial interest of the patient. There is an insurance legislation for experimental treatments, in other words the cult of silence is serving concealment only. What we have to get rid of, are situation, where doctors can declare false medical declarations and reports unpunished, which are even accepted because of their licence of acceptance. All activities on the medical plane are done consciously. (I.E.: The tearing open of a vain being dottered is an additional complication; every well thinking human being understands that this is no mistake or a result of medical abuse. The inscision of a separation wall in between the little brains, while this even was not the agreemenet, under the suggestion of ignorance in the excistance of, and hitting so-called by surprise a vain, which apparently is located there, is a suggested ignorance/circumstances beyond one’s control, wherein even was not mentioned which vain was hit and if that one was repaired. (Encluded apparently there was performed also surgery in the neck, and there was plural fraude commited with the material for report for concealment.) Because nearly nothing is descibed, there is a minimal ground for persecution on disciplinairy grounds, because one has to take it as read from a faulty medical report? (Even a medical student can point out in name and anatomy the vene sinus rectus as in fact even the only excisting vain above in that separationwall called falx cerebelli as well... and that person certainly isn’t a neurosurgeon yet. Taking an example for research and motivation...) Next to the elaboration of an improoved legislation, the influence of it should not reacht only in the relation between the doctor and the patient, but it should grant its functionality also in society. Also examination doctors use the cult of silence to reintegrate (stands for dupe) the patient back into society with neglectance of the medical status of the patient after the occurance of medical injury of harm. The patient also receives a minimal support following ‘naturally’ etc. etc. The problematic nature around the medical legislation is because of the continious flow of complaints becoming recognised by the government in its excistance. Reason why a discussion is arising about necessary reformations within the legislation regarding medical activities. Ther are some proposals for adaptations in the legislation, but before those are token in conscideration... I point out to my writing dated 150608 (A letter to the medical redaction of Trouw. People and government write and talk about it now in the year 2009, but the rights for the patients remain set back, for deliberately vialations of medical law (for now) still will not be persecuted is stating the minister of Justice (IRT Hirsch Ballin). The legislation is constructed in service of the self responsable existance of the civillian within society. Therefor I wanted to write a essay for the non-juridical grounded civillian in that perspective, which is pointing out that common sense in freedom, equality and fellowship is the origin of legislation; there right in reasonable sense should to be found back in that legislation, and should be able to be constructed based upon common sense (also regarding medical issues). There for in this writing I have chosen not to quotate article of legislation as regards content, although they should point out my pleigh for necessary improvements further. At the end: The European Legislation will also start to demand certain improovements in medical legislation in time. (Sources: juridical: Capita Strafrecht, WGBO, legislation experimental medical activities, European rights, Dutch Constittuional law, and various reports regarding legislation. Sources medical; some medial studies with MRI and basic material like anatomic atals Sesam and various declaring medical encyclopedias and internet in relation to my own medical case. In favour of society honourable docotrs included) (Enclosure TROUW 150608 is not translated, being just a confirmation of facts, but it can be translated on request)