The Loss of Chance Doctrine – Debate on Selected Aspects, Possibility of Application and Alternatives
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Abstract
This article focuses on the issue of the loss of chance doctrine. It consists mainly of the most important parts of a debate and a conclusion contained in the thesis of the author of this article. The article evaluates arguments for and against the use of the loss of chance doctrine and offers the conclusion that the mentioned doctrine is applicable in Czech law. This conclusion is supported also by interpretation of relevant stipulations of the Czech civil code. The article also works with possible alternatives to the mentioned doctrine and establishes reasons why the loss of chance doctrine should prevail as a solution of problems connected to the medical liability cases such as uncertainty of the outcome of unlawful conduct.
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