The Loss of Chance Doctrine and current changes in the practice and views of courts of justice on the principles of causality and causal link in civil medico-legal proceedings

Czech version

Authors: I. Piňos
Authors‘ workplace: Advokátní kancelář, Praha
Published in: Anest. intenziv. Med., 27, 2016, č. 1, s. 48-51
Category: Medicine Law

Overview

The euroatlantic law is divided in two systems – Common law and Code Civil – Code Napoleon. Some principles of Common law are recently accepted in continental systems. Loss of chance is step by step replacing the strict requirement of evidence of causality. The key concepts of civil litigation are presented. What is the correct medical procedure? The new Czech Civil code and expected amounts of compensations.

Keywords:
medicolegal – providing – Czech new civil code – evidence based medicine (EBM) – causality – legal probability – loss of chance

Labels

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Article was published in

Anaesthesiology and Intensive Care Medicine

2016 Issue 1