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...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:337166 |
| Date | January 2015 |
| Creators | Loucká, Kateřina |
| Contributors | Šustek, Petr, Salač, Josef |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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