Publication details
Kauzální nejistota v medicínskoprávních sporech
| Title in English | Causal Uncertainty in Medical Cases |
|---|---|
| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro pravní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Odborný článek zabývající se problematikou alternativní příčinné souvislosti v medicínskoprávních sporech |
| Doi | http://dx.doi.org/10.5817/CPVP2024-1-3 |
| Keywords | Medical Law; Causal Uncertainty; Burden of Proof; Evidence; Loss of Chance; Prima Facie; Reduction of Standard of Proof; Reversal of Burden of Proof; Standard of Proof; Non lege artis; Personal Injury; Secondary Victims; Causation Fulfilling Liability; Causation Establishing Liability; Causation; Liability for Injury; Non-pecuniary Damage; German Law; Flexible System |
| Attached files | |
| Description | This article deals with a notorious problem of medical law disputes, which stems from the difficulty of proving a causal link between a doctor’s non lege artis procedure and a patient’s injury. In some cases causation is obvious and therefore easy to prove. Usually, however, the causal processes in the conditions of the human body are so complex, and the limits of human knowledge are so low, that in retrospect the causal links between the various processes, interventions or omissions cannot be clarified with certainty. Since the plaintiffs in these personal injury litigation are patients, and there is no special rule of allocation of the burden of proof, it is up to the patient-plaintiff to bring the proof of causation, and the patient is often in danger of failing to meet the burden of proof on causation. This article discusses the substantive and procedural ways to deal with the problem of causal uncertainty. The author focuses here on the doctrine of loss of chance, prima facie proof, lowering of the standard of proof, and reversal of burden of proof on causation |