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The Doctrine of Loss of Chance and its application in the Czech Law
Dlabolová, Barbora ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The Doctrine of Loss of Chance and its application in the Czech Law Abstract This thesis diploma deals with the civil law doctrine of "loss of chance" that addresses the issue of proving causation in medical-legal disputes. The author of the thesis has defined the following research question: "What is the position of the Supreme and Constitutional Court of the Czech Republic regarding the application of the doctrine of "loss of chance"? The primary aim of this thesis is to evaluate the approach to the doctrine of "loss of chance" within the legal system of the Czech Republic by critically analysing the relevant case law of the Supreme Court and the Constitutional Court of the Czech Republic. This thesis discusses the development in the views of these judicial institutions on the application of the doctrine and also describes the approaches of foreign judicial practices to the application of the doctrine of "loss of chance". The thesis also points out certain mistakes that are often made by courts in the interpretation of "loss of chance" doctrine, which may lead to a rejecting of the doctrine. Finally, the paper summarizes the positive and negative aspects of the doctrine. The thesis consists of three parts. The first part provides a theoretical definition of the doctrine of "loss of chance" and points out...
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Causal nexus in civil law
Smička, Martin ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to provide an insight into the topic of causation in law and to acquaint its reader with the common methods of proving the causation before courts. Among the most used methods such as the 'but for' test, this paper focuses on specific aspects of this topic which were introduced to the Czech legal system together with the adoption of the Civil Code 2014. The thesis also includes description and analysis of alternatively used methods of proving 'multiple causation' cases such as the theory of 'loss of chance' and 'pure economic loss'. Among this analysis the comparison between Czech and British legal system is used extensively. The core of this thesis is the effort to confirm or to refute the hypothesis that despite the Czech legal system does not officially recognize distinction between 'factual causation' and 'legal causation' as it is done in the British legal system, methods from both categories are actively used by Czech courts. This paper also aims to analyze whether, due to the fact that recognition between 'factual causation' and 'legal causation' is not explicitly expressed in the Czech legal system, does exist any negative or positive impact on judicial decisions. The last goal of this thesis is to demonstrate whether, similarly as in the British law, the significant number...
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The issue of causality in the suits for damages
Kafková, Eliška ; Salač, Josef (advisor) ; Švestka, Jiří (referee)
The issue of causality in the suits for damages The subject of this thesis is the issue of causality in disputes relating to compensation for damage to health. Causation is a considerably miscellaneous institute, therefore, this paper deals with various aspects of this topic and its context. The writing focuses on cases in which damage was caused to health through providing health services, as this legal field is characterized by many specifics from other areas of liability. Firstly, the thesis aims at explanation of the concept of causation, its importance and development not only in law but also in other areas of human activity. Subsequently, the attention is focused on the significance of causation in law; after theories of causation are compared, its substantial features are described in comparison to the other elements of liability. Consequently, the work concentrates on processes through which the causal link is determined, on the selection of relevant causes and consequences and the relationship between them in cases involving their plurality. It does not forget to mention the importance of causation in the context of strict liability, particularly in its specific cases relating to the provision of health services. The core of this work is the issue of causation in disputes in which the...
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Casual link in medical disputes and ,,loss of chance,, concept
Loucká, Kateřina ; Šustek, Petr (advisor) ; Salač, Josef (referee)
This thesis deals with the responsibility associated with the provision of health care, specifically it deals with the problem of causal link in medical disputes, its peculiarities, its obstacles related to its proving and possible ways of burden-of-proof- easement in relation to causation, including in particular the loss of chance concept. Second section of the thesis is dedicated to the brief introduction to the issue of liability, as a specific phenomenon necessary for the functioning of the human community, which is in the provision of health care represented not only by civil liability, but also by ethical disciplinary or labour liability. Legal liability is however clearly the dominant and most efficient instrument to regulate the conduct of the legal norm addressees. Legal liability, defined as secondary legal obligation, arising as a result of a breach of the primary legal obligation, is described in the third section of this thesis according to its basic structural elements. These basic structural elements are: infringement, emergence of damage, fault and finally causal link between the unlawful conduct and the damage. Crucial attention is paid to the causal link, to the specification of the causal link concept, to the requirement for level of proof in the Czech legal system and also in...
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Loss of chance theory and possibility of its application in the Czech Law
Korejzová, Jitka ; Dvořák, Jan (advisor) ; Elischer, David (referee)
The aim of this work was to introduce the loss of chance theory, to research its theoretical grounds and to find out whether it would be possible to apply the theory in the Czech law system and whether such application would be beneficial. Since the theory was first applied in common law system, I have decided to use some cases from the past and show the way the theory evolved and how the courts justified its application. Reflecting on cases from various jurisdictions I tried to point out the variety of possibilities of its application not only in health care law, but also in other areas of law. I have concentrated my attention mainly on argumentation of courts - not only those, who assented, but also to those refused the concept. The theory is related to liability for damage and issue of proving the casual link, which are both subjects of research of other theories as well - e.g. theory of adequate cause, proximate cause theory and mainly proportional liability issue, which shares some common aspects with loss of chance theory. These theories offer help with evidence in complicated cases, where classical approach to issues of causality would lead to an ineffective and possibly unjust solution. In international context it is interesting to learn how the European Court of Justice applies the theory....
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