Open AccessNegligence as a condition of civil liability of health care institutions
Author(s) -
Ye. Ye. Vasilyeva
Publication year - 2004
Publication title -
bûlletenʹ sibirskoj mediciny
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.135
H-Index - 3
eISSN - 1819-3684
pISSN - 1682-0363
DOI - 10.20538/1682-0363-2004-3-65-71
Subject(s) - res ipsa loquitur , executor , presumption , legal liability , liability , medical negligence , law , delict , tort , presumption of innocence , strict liability , civil law (civil law) , political science , business , commercial law , public law , private law , black letter law
In this article a significance of a negligence of health care institutions when bringing them to civil liability has been investigated. A common rule of assignment of responsibility only when guilty has been examined as well as an exclusion of responsibility in case of increased (guiltless) liability. Examples have been given and a legal treatment of situations when a mutual contributory negligence took place (executor’s negligence as well as recipient’s (patient’s) negligence) has been presented. The significance of presumption of innocence in civil law has been revealed.