The Loss of Chance Doctrine and Provision of Health Services in Current Case Law
Abstract
The article deals with the loss of chance doctrine and its application in the medical malpractice disputes, focusing primarily on the current Czech case law. The aim is to describe the case law leading to the adoption or rejection of the doctrine in Czech legal order in the light of the approach taken in foreign and similar legal systems (Austria, Germany). The aim of the article is also to comment on a solution that would be systemically appropriate for solving cases involving an element of causal uncertainty, whether or not in the form of acceptance of the loss of chance doctrine.
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