Civil liability for doctors in the face of a professional (medical) error

Abstract

Civil liability for healthcare workers and healthcare institutions is one of the most significant problems in Health and Medical Law. The basis of responsibility is always an open question, whether it be medical errors, misinformation or faulty work organization. Aiming to make things clearer for individuals practising medicine, this paper presents the concept of a professional (medical) error, the basis of responsibility for the doctor (medical error, damage to the patient and the cause-and-effect relationship between a medical error and the damage caused) as well as the precise explanation of who has to prove what in possible court proceedings.

Content of the Right to Parental Responsibility

“…It is worth pointing out that within the constitutional standards (which, in principle, have primacy over international law), there is a position that law should result from constitutional axiology. 11 This is the position of, among others, the Polish Constitutional Court or the Supreme Court, according to which the constitutional axiology should be considered (1) when creating law (the obligation of the legislative authority) 12 and (2) when applying the law (the obligation of the executive and judiciary authority). 13 These responsibilities should not be separated from each other, rather they should be held by particular authorities in conjunction with each other.…”

“…In the first period, which lasted until 1989, Poland belonged to the so-called "people's democracies," in which the authorities sought to implement the idea of a socialist state to eventually introduce a communist system. However, pursuing this goal did not entail the permeation of the Family and Guardianship Code enforced on January 1, 1965 (hereinafter referred to as FGC) 1 with ideological threads. Although the Code was adopted during the period of strong expansion of communism, the statements formulated there were ideologically neutral.…”

“…It was initially assumed that each chapter would consist of 12 basic points, within which detailed issues determined by the researchers will be discussed. It was considered crucial to focus the analyses on the following issues (while maintaining the researchers' autonomy and the freedom of choice of matter): (1) introduction, (2) axiological and constitutional foundations for the protection of parental responsibility, (3) protection of parental authority in the system of legal sources, (4) the concept of a parent, (5) the concept of a child, (6) principles of parental responsibility, (7) the rights and obligations of parents and children resulting from parental responsibility, (8) sexual education of children and parental responsibility, (9) detailed issues related to parental responsibility, (10) parental authority in case of divorce, (11) the status of a child not subject to parental responsibility, and (12) summary and de lege ferenda conclusions.…”

“…The analysis of the content of parental responsibility requires examining not only the particular legal systems of Central and Eastern European countries individually but also as a whole. 1 These orders are not isolated from each other and are in an appropriate bilateral or multilateral relationship with each other; they are also elements of the European legal culture. Among them, for example, there may be a reception of law.…”

“…This chapter focuses on parental responsibility as a key concept of the Czech family law. 1 First of all, it must be stressed that the term parental responsibility (in Czech "rodičovská zodpovědnost") was introduced into the Czech legal order in 1998. 2 It happened within the changes that have taken place after the fall of the previous political regime and its legal sources based on "Soviet model" and communist ideology in 1989.…”