Juristenrunde with Katerina Hajkova

Katerina Hajkova, currently guest researcher at ETL, holds a Juristenrunde lecture on "Causal Uncertainty in Medical Cases" on Monday, 18 November 2024. The lecture takes place in the institute's premises.

The presentation concerns a well-known problem in medical law disputes, which stems from the difficulty of proving a causal link between a doctor’s non lege artis treatment and a patient’s injury. In some cases, causation is obvious and therefore easy to prove. Usually, however, the causal processes in the conditions of the human body are so complex, and human knowledge about them is so limited that, in retrospect, the causal links between the various processes, interventions or omissions cannot be clarified with certainty. Since the plaintiffs in these personal injury litigation are patients, and (in Czech law) there is no special rule of allocation of the burden of proof, it is up to the patient-plaintiff to prove causation, and the patient is often in danger of failing to meet the standard of proof regarding causation. The presentation focuses on substantive and procedural ways to deal with the problem of causal uncertainty covering the doctrine of loss of a chance, prima facie proof, the lowering of the standard of proof, and the reversal of the burden of proof as regards causation.

Participation is free of charge. If you would like to attend, please register via etl(at)oeaw.ac.at