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Wrongful birth court rulings in European comparison
Vajda, Lukáš ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.
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Civil liability for interventions related to human reproduction - the concepts of wrongful life and wrongful birth
Hronová, Kristýna ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
Civil liability for interventions related to human reproduction - the concepts of wrongful life and wrongful birth Abstract In this thesis, the author tries to give a comprehensive view of the issue of civil liability of health care facilities, or doctors, which arises as a result of non lege artis procedure in performing procedures and providing services that negatively affect human reproduction. In such cases, the persons concerned have the opportunity to defend themselves by means of actions for which the name wrongful birth and wrongful life has been adopted almost all over the world. In the first part of this thesis, the author discusses the most commonly used methods that help to affect human reproduction, and also gives examples of incorrect procedures in their provision. These may very often result in the filing of the above-mentioned lawsuits. At the same time, the author gives a basic description of wrongful birth and wrongful life lawsuits and a list of the main reasons, pros and cons of their approval and further recognition. The second part is devoted to the legislation in the Czech Republic. The author deals with the regulation of human rights, which are often affected only in the provision of health services, as well as the regulation of liability in general. Another part then focuses mainly...
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Wrongful birth and wrongful life actions in Czech law and international comparison
Pintová, Kristýna ; Krejčíková, Helena (advisor) ; Salač, Josef (referee)
Wrongful birth and wrongful life actions are one of the current issues of civil law associated with the area of health care. Generally speaking they are actions for damages for a birth of an unwanted child brought by parents or a child itself. At the moment, there is a small number of wrongful birth cases in the Czech Republic, but more of them are to be expected in front of the Czech courts because of patient's autonomy and new methods in the human reproduction field. The topic of this thesis is very controversial due to collision legal, moral and ethical issues. Crucial question of the whole problem is whether the birth of an unwanted child (or an unwanted life) can be considered as damage. Since the explicit regulation does not usually exist, the courts' decisions play irreplaceable role nowadays. The aim of this thesis is to try to answer the question whether these actions can be brought and heard before the courts in the Czech Republic and whether damages should be awarded on this ground. The first chapter focuses on the explanation of the essence of wrongful birth and wrongful life cases and their division into the specific categories. The second chapter concentrates on the legislation in the Czech Republic regarding wrongful birth actions. It is necessary to consider constitutional rights...
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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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Wrongful birth court rulings in European comparison
Vajda, Lukáš ; Šustek, Petr (advisor) ; Hendrychová, Michaela (referee)
The aim of this thesis is to analyse and compare wrongful birth cases in European context. Its first part focuses on the theoretical explanation of the concept of the action itself, then it is followed by a detailed comparison with wrongful life actions. A proper definition is necessary for further understanding of the matter. The second part of the thesis aims at an in-depth description of wrongful birth cases in major European countries. It discusses the medical liability and the parents` rights in the past cases and brings an evaluation and a de lege ferenda point of view. The conclusion deals with the similarities and the differences and offers the author's insight on the subject.
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Compensation for immaterial damages in the Czech Republic and Germany
Vítková, Klára ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
This thesis deals with compensation for immaterial damages in the Czech Republic and Germany with focus on personal injuries and a specific question of wrongful birth and wrongful life actions. Its aim is to describe the differences between both legislations. In the first part my work is concerned with a theoretical analysis of the conditions of damage liability in the tort law in both countries. The second chapter follows up with the definition of material and immaterial damages and the way and extent of their compensation. The third one is concentrated directly on personal injuries, it introduces the term and the range of persons entitled to a compensation and it analyses the way and extent of the compensation for personal injuries (above all the damages for pain and suffering) in the Czech Republic and Germany, with specific emphasis on the Methodology of the Czech Supreme Court on the compensation for immaterial damages in case of personal injuries. The fourth chapter is focused on an ethical and legally complicated question of wrongful birth and wrongful life actions.
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