COMPENSATION SCHEMES FOR DAMAGE CAUSED BY HEALTHCARE AND ALTERNATIVES TO COURT PROCEEDINGS IN THE CZECH REPUBLIC

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Tomas Holčapek
Petr Šustek

Abstract

The article introduces the basic principles of compensation for medical malpractice, mainly by means of a civil liability system, in the Czech Republic. It outlines the normative framework and illustrates its application in practice on selected case law of Czech courts. As the judicial system has both advantages and disadvantages, available alternatives to court proceedings are also discussed even if they tend to be used rather conservatively. Furthermore, the text presents changes to the law, including those already carried out by the relatively new Civil Code and some potential future developments, together with remarks about the overall legal context in which the system of compensation for harm from healthcare operates.

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