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Civil liability in medical law
Saidamová, Suzan ; Salač, Josef (advisor) ; Šustek, Petr (referee)
1 Abstract Thesis title: Civil Liability in Medical Law The main topic of this thesis is to analyze individual cases in czech medical law after the civil law codification. I would like to perform complete concept of civil liability in medical law, especially the liability for the damages. Different types of civil liability will be eleborate in detail, mainly though scientific literature and case law. The thesis consists of seven chapters. In the first chapter, I describe medical law in historical context relevant for the topic and also I introduce current legislation of medical law at all hierarchical levels included international agreements. In the second chapter, I desribe one of the most important concepts in medical liability law - concept called lege artis. The next chapter gives a brief introduction in the healthcare issues and is divided into several subchapters. In first three chapters there are also define the basic terms about health and disease. The fourth and fifth chapters are devoted to the actual liability for damages. The sixth chapter deals with civil protection of doctors and other medical employees. The last chapter is summary. It is evaluation of selected issues in health care. The aim is to introduce a new law conception and present particular types of obligation to compensate. The new...
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Civil liability for bodily injury in the provision of health services
Pobudová, Dana ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil liability for bodily injury in the provision of health services. The purpose of the present thesis is to analyse the issue of civil liability for bodily injury in the provision of health services. This issue is very topical, especially due to the adoption of new private law, which is presented in this work. The new legislation is evaluated and the problems that have occurred or might occur are defined. In addition the legislation of important institutes is compared with previous regulation. The thesis is composed of eight chapters, each of them dealing with different aspects of civil liability. Chapter one defines basic terminology used in the thesis. The next chapter presents the sources of law. Attention is paid to complex relationship between the Civil Code and the Law on Health Services, and also to a new type of contracts established by the Civil Code - agreement on health care. Chapter three mentions the basic relationship of medical law - the relationship between a doctor and a patient, including the reasons for its creation. The transformation from a paternalistic model to a partnership model is also highlighted. Chapters four and five are concerned with civil liability. At first the liability is defined in general, and subsequently individual facts relating to the provision of health...
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Punitive aspects of damages (legal and comparative analysis)
Janeček, Václav ; Beran, Karel (advisor) ; Kühn, Zdeněk (referee)
Czech courts regularly deal with a question of so-called just satisfaction; particularly, when, on what basis, and how much should be awarded. Just satisfaction, as a form of damages, is primarily compensatory. However, there are some indications that it is perfectly legitimate for law of damages to pursue also another aims than compensation such as prevention or punishment. This view was recently upheld by the Czech Constitutional Court and the Highest Court of the Czech Republic. According to doctrinal approach, it is the domain of punitive or exemplary damages as a specific Anglo-American instrument that covers these two principles (prevention and punishment). Still, the Czech Civil courts consistently refuse to award exemplary damages albeit they do not provide us any sound argumentation. The author of this article suggests it is inaccurate and only partial understanding of exemplary damages that causes the current judicial refusal of them. While focusing on current English and Czech law, the author in his article describes exemplary damages in great detail with respect to their theoretical, conceptual and systematic position. Subsequently, he shows that the negative attitude of the Czech courts is not always appropriate. First, looking at relevant case law, the article characterises what the...
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The duty to prevent damages and its impact in individual legal regimes
Klein, Šimon ; Kühn, Zdeněk (advisor) ; Beran, Karel (referee)
Duty to prevent damage and its effects in particular legal branches Abstract: The purpose of my thesis is to analyse the duty to prevent damage in the context czech of legal system, to prove that prevention is integral to the system of civil liability and examine special consequences of this duty outside the scope of civil law, i.e. in criminal and administrative law. The reason for my research is increasing importance of revention in modern legal discourse. The thesis is composed of six chapters, each of them dealing with different aspects of the principle of prevention and its development. Chapter One is introductory, analyses and defines the phenomenon of prevention in the civil law. The chapter is subdivided into four parts. Part one briefly describes the emphasis on the prevention in civil liability by the law and economics. Part two analyses the principle of neminem laedere and its importance within the principle of prevention. Part three draws conclusions from the preceeding parts and defines the duty to prevent damage in the civil law. Part four then describes who might be the subject of such a duty. Chapter Two examines the development of the principle of prevention within the czech legal system and examples of relevant case law. It is subdivided into four parts, examining succesive civil codes...
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A theoretical conception of liability for harm caused by the birth of a man
Smetánková, Barbora ; Beran, Karel (advisor) ; Ondřejek, Pavel (referee)
in the English language Title: A theoretical conception of liability for harm caused by the birth of a man In many legal orders a new types of legal actions have appeared (in relation to the development of new methods of diagnosing congenital diseases). In these types of legal actions the claimant seeks damages for the negligence of the doctor in performing these tests. These claims are referred to as "wrongful birth", "wrongful conception", and "wrongful abortion". The "wrongful life" claim is most commonly used in a situation where while performing prenatal screening the doctor does not diagnose the existing congenital disease and therefore fails to give the parents an essential piece of information, which might have made the parents decide to abort the fetus. The claimant in this case is the child itself, who substantiates the claim by arguing it should have never been born. The "wrongful birth" claim arises from the same situation, but the claimants are the parents of the child. They claim damages for the emotional pain and increased expences related to giving birth and raising a disabled child. In the case of the "wrongful conception" claim, the most common reason for using this action is a negligently performed sterilization procedure. The "wrongful abortion" claim can be used in a situation...
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Bodily harm in czech legal system and german legal system : comparative study
Kabáčová, Lucie ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The diploma thesis deals with the civil liability for bodily harm in the Czech and the German legal systems. The German legal regulation has been chosen as a comparison because it has been one of the sources for the new Czech Civil Code. The aim of the thesis is to find out what are the fundamental differences between the both legal systems and which one seems to be more appropriate or just and finally to find out what are the main changes in the new Czech Civil Code. To find out the answers the method of comparison with the legal regulation de lege ferenda and German legal system has been used. The thesis is composed of three parts. The first part describes the Czech civil liability of bodily harm and the second part describes the German legal system. The last part deals with the comparison of the legal institutes in the both legal systems. The fundamental differences could be evaluated according whether they are in favour to the harmer or the sufferer. The delict liability in the German civil law seems to be positive for the sufferer - patient in the process, because all participating persons involved at wrongful act causing bodily harm are held liable which expands the scope of liable people. The next advantage for the sufferer according the German legal system is that the concrete damage based...
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Civil liability for the harm to health caused during medical treatment under Czech and German law (a comparison)
Resl, Matěj ; Švestka, Jiří (advisor) ; Salač, Josef (referee)
This diploma thesis compares the Czech legal regulation of civil liability for bodily harm caused during medical treatment to the German legislation on the matter. In this case, the German legal regulation can serve as a source of inspiration due to its stable development. Both legal regulations can be assessed with respect to the rules being preferable either for the harmer or the sufferer. Concerning the provisions within the German law that are preferable for the patient, they cover e.g. the origin of liability for bodily harm caused by all participating persons providing the medical treatment while doing a tortious act, including the direct liability of persons who are "used by the activity". Due to the broader concept of harm in the German civic law the patient has a right for damages based on a generally defined nonmaterial harm, where the conrete amount of damage is determined by the court. The German legal regulation is preferable and more equitable especially for young injured, in which case the assessment of damages for the salary lost is not based only on the average salary of the sufferer before the harm was caused, but it also reflects the lifetime salary, which the injured could have achieved, had the bodily harm not been caused. By contrast, some provisions in the German legislation...
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Producing evidence in civil proceedings with a special regard to disputes in the area of medical care
Holčapek, Tomáš ; Winterová, Alena (advisor) ; Salač, Josef (referee) ; Uhlíř, David (referee)
Holčapek, T., Evidence in Civil Litigation with Emphasis on Disputes Arising from Medical Care, doctoral thesis, Charles University in Prague, Law Faculty, 2010. The doctoral thesis focuses on the issues of fact-finding in general and evidence in particular, all within the framework of rules of civil proceedings and with regard to lawsuits that result from the providing of medical care. It analyses the factual prerequisites which need to be found (proven) in order to establish liability of the health care provider for personal injury or interference with personality rights of the patient, and discusses who bears the evidentiary burden in their respect, how persuasive the proof has to be and what techniques for the lightening of such burden (e. g. factual presumptions or utilisation of loss of chance or other concept of proportional liability) are employed by various legal systems. The thesis builds on the comparison between Czech law and rules used in other legal areas, including both continental law and common law countries. Keywords: health, medical care, civil liability, civil proceedings, evidence
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The impact of the new Civil Code on liability insurance
Klierová, Irena ; Ducháčková, Eva (advisor) ; Rybák, Zdeněk (referee)
On 1 January 2014 the new Civil Code, the most important piece of legislation, has come into effect. It is a part of large recodification of the Czech civil law. This thesis, "The impact of the new Civil Code on liability insurance", points out the most significant changes and the implications which effects, among others, the insurance sector. The first part of the thesis addresses mostly the theoretical concept of liability, the elemental preconditions of liability and methods of compensation for material and immaterial damage, including comparison of claim rights under former legal norm and the current legal norm. It also mentions the ambiguity in law in case of compensation for work-related injuries and occupational diseases. The second part of the thesis is dedicated to describing the process of implementation of the new Civil Code to operation of insurance companies from both legal and financial point of view. This includes evaluation of the impact of the changes on settlement of compensation claims for immaterial damage from the first available data. The third part is focused on the characteristics of liability insurance and its construction. It includes basic breakdown by legal bindings and a description of types of liability insurances. The conclusion contains overall assessment of liability insurance on the Czech insurance market.
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