Proof of Causation in Medical Malpractice Cases in the Czech Republic

0447014 - ÚSP 2016 RIV CZ eng J - Journal Article
Doležal, Adam - Doležal, Tomáš
Proof of Causation in Medical Malpractice Cases in the Czech Republic.
The Lawyer Quarterly. Roč. 5, č. 3 (2015), s. 195-205. ISSN 1805-8396. E-ISSN 1805-840X
R&D Projects: GA ČR GAP408/12/2574
Institutional support: RVO:68378122
Keywords : causation * liability * medical malpractice cases
Subject RIV: AG - Legal Sciences

Proof of causation between malpractice and damage is usually one of the key issues in the civil procedure. Scientific circles abroad hold wide discussions on whether the concept of causal nexus should not be abandoned in some cases. Proof of causation is extremely complex especially in medical malpractice cases. We know the input, we know the output, but what is happening in the organism remains to be a „black box“. This article will try to focus on the current judicial practice in the Czech Republic, its shortcomings and it will also refer to legislative shortcomings. An attempt will be made to outline this with regard to the Principles of the European Tort Law (PETL).
Permanent Link: http://hdl.handle.net/11104/0248973