Abstrakt
One of the leading principles of the Convention on Human Rights and Biomedicine is expressed in its Article 5: any intervention in the health field may only be carried out with the informed consent of the concerned person. An intervention without informed consent or other recognised justification is illegal and may lead to consequences including civil liability.
However, what is the scope of such liability? The harms incurred in connection with the intervention are various, they may include a worsened state of health, mental suffering or breach of a patient's decision-making autonomy. Is the health care provider liable for all of these? The recent Czech Supreme Court's case law has undergone a significant development.
It will be shown that it has not yet clarified this contentious issue. However, according to Articles 24 and 25 of the Convention, fair compensation and appropriate sanctions should be provided for in case of a breach of the Convention, and it is debatable whether the current Czech judicial approach manages to comply with these international obligations.