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Civil Liability for Bodily Injury in Medical Disputes
Skalová, Monika ; Salač, Josef (advisor) ; Šustek, Petr (referee)
Civil Liability for Bodily Injury in Medical Disputes The aim of this thesis is to map and analyze civil liability for bodily injury caused to a patient while providing health care. This topic is specific and current, especially considering the fact that the new Civil Code came into effect on 1. 1. 2014. Where required, there is comparison between the current and previous legislation. This thesis also offers a glimpse into the German legal system and features institutes similar to ones in the Czech legal system as well as institutes the Czech legal system does not offer. The thesis is divided into five chapters. The first chapter describes domestic legislation with elements of medicine. This includes sources of law that have the form of law, professional rules and case law. The second chapter deals with civil liability in the health sector and its individual cases that lie in the objective liability of the health care provider. At the same time, contractual and and tort liability is pointed out. The third chapter discusses the elements of civil liability and further maps out and takes into account its individual attributes, that are necessary to form civil liability. The third chapter also further examines non-lege artis procedures that result in said bodily injury. This chapter marginally looks...
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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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Professional liability insurance in the Czech Republic
Slanařová, Lenka ; Ducháčková, Eva (advisor) ; Galuška, Jiří (referee)
This diploma thesis deals with professional liability insurance in the Czech Republic. The first chapter focuses on a general description of the insurance and its construction, the basic classification of legal liability and explanation of the types of insurance. The following chapter closely examines the status of professional associations and analyzes the framework agreement concluded by the selected associations. Another part is focused on the professional liability insurance of insurance intermediaries and independent loss adjusters. The last chapter describes the progression and current situation of professional liability insurance, focuses on the current possibilities of arranging insurance and presents selected insurance products.
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