Wednesday: Liability • Assumptions of Liability Breach of legal obligations Lex artis •Procedure according to "normal" levels •Compliance with professional standards • •The patient has the right to health services on appropriate professional level. • •Lex artis is a concept that applies to providers as well as healthcare professional Parts of lege artis List of procedures lege artis •Does not exist • •Recommendation of Czech medical societies … • •Ultimately, the choice is on doctors • Problems •Retention of conscience •Rejection of healthcare by a patient •Lack of resources for treatment lege artis Obligation of prevention •Obligation to prevent unjustified harm to freedom, life, health or property of another. • •The duty of everyone who has control over dangerous situations to take action to protect the rights of another. Types of liability Liability under civil law Damages Coincidence •The obligation to pay compensation has the one who caused the circumstances leading to coincidence. • Exclusion of unlawfulness Waiver of compensation Damage caused by information or advice •Who reports himself as a member of a particular state or profession to professional performance or otherwise act as an expert, •Is responsible for Damages, if the harm is caused by an incomplete or incorrect information or harmful advice •if he received the reward for this counsel The extent of compensation • General provisions •(1) Damage should be replaced by indicating to the previous status. If it is not possible, or is asked by the damaged, the damage is payable in cash. • •(2) Non-pecuniary damage is redresses by adequate satisfaction. • Range Reimbursement of harm of health The killing • •In case of death or extremely serious injury, the one who caused it is responsible to compensate for damage caused by mental suffering of a spouse, parents, childs or other close persons. •Funeral expenses •Costs for maintenance of the residuars • • The costs associated with health care • reasonably incurred costs associated with health care of the damaged, with the care of his person or his household to anyone who's spent them •Compensation for loss of earnings •Compensation for loss of a pension • A crime A crime •A criminal offense is an unlawful act that criminal law identifies as a crime, and that has the characteristics specified therein. •The criminal liability for the offense is intentional culpability unless the Criminal Code expressly states that culpable negligence suffices. •Intentionally committed crime •Negligence • • The principle of subsidiarity •Criminal liability and criminal consequences associated with it can be applied only in socially harmful cases in which it is not sufficient to establish the liability under other legislation. Medical Authority Disciplinary liability Each member of the Chamber has the obligation •a) exercise their profession in accordance with its ethics and manner specified by law, •b) observe the organization, rules, election and Disciplinary Rules of the chamber, •c) properly fulfill defined contributions •d) notify the competent authorities of the chamber changes related to the exercise of medical or pharmaceutical profession, •e) conclude liability insurancein cases specified by the Chamber • • Disciplinary liability