Abstract
Medico-legal disputes between a patient and a health care provider are among the typical areas where liability for breach of law and liability for breach of contract collide. Most health services are provided on the basis of the contract for health care, the regulation of which in the Civil Code, however, imposes on the provider the same obligation to proceed accordingly to the standard of care as imposed by the special Act on Health Services.
The concurrence of a legal and contractual obligation is dealt with differently in different jurisdictions, but usually the two obligations are in a relationship of competition (or cumulation), where the injured party can choose which claim to pursue in court. This is also the case in Czech law.
Specific questions are raised in some respects by the application of special types of strict liability or other normative instruments that strengthen patient protection. In all cases, however, care must be taken to ensure that the legislation and its application does not tend to result in liability for the outcome that would be unduly burdensome for the health system.
The law must strive for a fair balance between the protection of the weaker party and the principle that the consequences of the accident are borne by the injured party.