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Injury and its compensation including medical malpractice

rutland ježek, Czech law firm on the injury and its compensation under Czech law including medical malpractice
  1. Generally, there are four conditions to be fulfilled in order to give rise to any liability for health damage in the Czech Republic - breach of a legal duty, occurrence of damage, causal link between the breach and the damage and fault (intent or negligence). Czech courts are recently more keen giving larger awards, especially in cases of medical negligence.

  2. According to Czech law, everyone has to act so as to avoid or at least mitigate damage to various legally protected values, including life and health. This may be favourable to the plaintiff in cases when the particular duty of the wrongdoer is difficult to establish.

  3. In case of a breach of statutory duty, negligence is presumed - therefore, the wrongdoer has to prove he/she was not negligent (instead of the injured party who proves the existence of the breach, the damage and the causality). In case someone claims he has special skills or knowledge (e.g. medical) and he does not use such skills or knowledge for any reason, the negligence is again presumed.
  4. In case of the damage to health (e.g. by injury), there are two groups of claims: material (direct loss on property) and immaterial. Potential immaterial claims are the following: damages for pain and suffering and compensation for diminished social capability. There are no more exact charts for the amounts to be compensated; the courts should award reasonable amount.

  5. Further claims may comprise compensation for medical expenses, expenses of household maintenance and loss of earnings during the recovery, potentially also loss of earnings after the recovery (due to a handicap) including in the retirement (compensating lower pension).

  6. In case of death, the long-term maintenance of survivors (dependent persons) and costs of the funeral can be also claimed.

  7. A compensation of immaterial damage can also be sought by other people close to the injured person (e.g. close relatives).
Litigation in the Czech Republic Czech Taxes 2014

Please note that the list of legal matters stipulated in this section cannot be considered and exhaustive and comprehensive list of all issues arising under Czech law, further is not a legal opinion or advice in any manner, and only expresses view of rutland ježek, law firm on certain specific issues of Czech law.