Some Aspects of Compensation of Demages in Medical Law Cases

The system of law should provide concrete instruments to establish just arrangement on mutual relationships of subjects of law. This requirement primarily affects obligations from the compensation for an injury to health. The injured party appears in an uneasy life situation as a consequence of the suffered injury. He deals with an effect of the incurred loss – deprivation of health. He must undergo a medical treatment that would reverse this consequence; alternatively his state is irretrievably aggravated. In the aforesaid condition considering passage of the period of limitations, he brings an action to achieve compensation for the inflicted damage, or as the case may be its satisfaction, in the event the malefactor would not compensate the injury voluntarily.
The position of the malefactor is the "better" one in this case. He dispose of all relevant information which is necessary for the allegations of fact, a major part of evidence is within his power. The malefactor himself proves only the existence of circumstances excluding his liability. Therefore, it would be just to equalize positions of the parties to dispute, namely by the positively expressed means embodied in legal regulation. The procedure under section no. 114b, Code of Civil Procedure, which has a character of sanction for failure to comment on court challenge, does not serve to balance the procedural status.
Due to a specific relationship between doctor and patient, it would be appropriate to adapt the legal regulation of probation by regulating explanatory duty, or reversal of burden of proof in the case of frustration a proper production of evidence by the malefactor. In this respect, there seems inspirational a content of Article no. IV.C.-8:109(3) DCFR. The balance of procedural status of the parties to dispute could be enabled also by the unification of material legal regulation on liability for damages to health in health services, if there would not be for this reason excluded even unification in a concept of subjective liability.