| Abstract [eng] |
The main focus of Master's thesis is on the analysis of the conditions of medical liability where the basic issues of the theoretical and practical application of those conditions are revealed. While analyzing the illegal acts, the main physician's duties are discussed. Whereas, recently the trend has been observed that almost all cases regarding the professional neglect of physicians in the developed countries are based not only on professional mistake of physicians, but also on the improper informing of the patient, particular attention in the paper is paid to the duty of informing the patient. The extent and content of the information provided to the patient, reporting procedures, informing about alternative methods of diagnosis and treatment, the extent of the information about the potential risk are disused. The fault features when examining the cases of medical liability are revealed in the paper. There are revealed issues related both to the compensation of pecuniary damage and non-pecuniary damage. As more and more patients (and their relatives) bring the action for compensation of non-pecuniary damages, greater emphasis goes on discussion of issues of determination of the amount of compensation for non – pecuniary damage and the right of the third party to claim for non – pecuniary damage. Causation determination problems are discussed in the paper as well. |
