PROOF OF CAUSATION IN MEDICAL MALPRACTICE CASES IN THE CZECH REPUBLIC

Abstract

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).