The thesis deals with the issue of causal link in disputes over compensation of damage to health with focus on medical care. The thesis consists of five chapters, which are further divided into parts. Chapter One basically describes three of the preconditions of the liability for damage to health: damage, the violation of the legal obligation and fault. This chapter mainly focuses on the violation of the legal obligation and analyses the term lege artis. An informed consent of the patient is also discussed. Chapter Two deals with causal link (causality) as it is fourth and last of the essential preconditions of the liability for damage to health in Czech civil law. Chapter Two consists of two parts, each of them examines various aspects of causality. Chapter Three characterizes some of the relevant institutes of civil proceedings such as burden of proof, standard of proof or free evaluation of evidence. One of the five parts of this chapter points out the importance of the expert evidence in this type of cases. Chapter Four analyses Australian approach to the medical negligence cases with focus on the doctrine of the loss of chance. Chapter Four provides opportunity to partially compare two different legal systems (Czech and Australian). This chapter is divided into seven parts. First five parts...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:330225 |
| Date | January 2013 |
| Creators | Tomečková, Adéla |
| Contributors | Šustek, Petr, Hendrychová, Michaela |
| 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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