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Compensation for non-material damage (damage to health) according to the new Civil Code

Publication at First Faculty of Medicine |
2014

Abstract

The new Civil Code sets out new rules for compensation for harm not affecting property (damage to health). The Supreme Court prepared the Methodology of Non-material Damage Compensation.

The Methodology is based on the International Classification of Functioning, Disability and Health (a system developed by the World Health Organization). An expert will assess the patient's ability to perform a task and their involvement in life situations.

Two persons with the same disease (according to ICD) can have a different level of functioning (ICF), and two persons with the same level of functioning do not necessarily have the same health complications. The baseline amount to compensate for hypothetically total social impartment of a sufferer has been set around 10 million Kč.