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Evidence in Disputes Arising from Medical Care

Publication at Faculty of Law |
2011

Abstract

The author of the monograph analyses the problems of Czech medical law in the context of European civil law. He analyses the factual prerequisites which need to be found (proven) in order to establish liability of the health care provider for personal injury or interference with personality rights of the patient, and discusses who bears the evidentiary burden in their respect, how persuasive the proof has to be and what techniques for the lightening of such burden (e. g. factual presumptions or utilisation of loss of chance or other concept of proportional liability) are employed by various legal systems.

The book builds on the comparison between Czech law and rules used in other legal areas, including both continental law and common law countries.