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Research and Projects/Liability Arising from Medica

COMPARATIVE LAW STUDY OF LIABILITY ARISING FROM MEDICAL CARE

The main goal of this research is try to find and describe the structures of the civil liability arising from the medical care in the Czech Republic and other European countries. Because it is the first attempt to conduct such a research in Czech Republic, it is also difficult to find some predecessors or to follow up some previous streams in this field. The exception in this field is the activity of the research group of prof. Dagmar Císařová but this group is focused only on the penal liability arising from the medical care.

The study of the civil liability arising from the medical care is not marginal or exceptional in the European or world legal science; it is rather on the contrary progressive trend of the past four decades and thus the proposed research can follow up this stream and deepen the knowledge in this field in the Czech Republic, where are similar studies rather exceptional.

Seen from the European and world perspective, research in the field of the medical law is popular for almost four decades. The interests of the researchers vary from more general points of viewto very specific positions. The importance of the research in the field of the civil and tort liability arising from the medical care grows rapidly in the last years and the impact of this researches is very important not only from theoretical point of view but results are very useful for praxis as well. Evidence of this fact can be the foundation of the World Association of Medical Law and PEOPIL, the existence of the specialised journals (Medical Law, Law and Medicine) or the vast quantity of an academic works.
 
 
The scientific contribution and novelty of this research could be seen in the fact that the primary goal of this research is to describe the structures of the civil liability arising from the medical care in Czech Republic  and compare this with the legal system in other European countries. In the centre of interest is a comparative analysis of the structure of the civil liability arising from medical care studied not only on general level but on the very specific level – on the specific cases.
 

The proposed research can be also related to the effort to reform the Czech legal system – especially in the field of civil law and to make the reform of the legal system more effective and compatible with European and world standards. From this point of view could be the aims and possible results of the proposed research seen as highly actual. The deeper knowledge of structures of the civil liability arising from medical care can be used also in the field of legal education.

 

Researcher:
JUDr. Tomáš Doležal, Ph.D.