Liability for Medical Malpractice in the Czech Republic

di Tomáš Holčapek -
Czech legal framework of relationship between health care provider (physician, hospital or any other) and patient is one of private (civil) law. It is typically built on a contract for health care; a minor but still significant part of care is provided outside contractual relationship (e.g. emergency situations, obligatory treatment of serious contagious diseases, some vaccinations etc.). This is the case even when the care provider is a public institution, e.g. a public university hospital. Consequences of failure to provide proper care are therefore also regulated by private law, mainly the relatively new Civil Code (in force since 2014). The elements of liability are mostly tra...