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...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:297538 |
| Date | January 2011 |
| Creators | Resl, Matěj |
| Contributors | Švestka, Jiří, 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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