The private law liability from medical intervention of medical doctors working at private hospitals

This dissertation aims to address the private law liability from medical intervention of physicians working at private hospitals. It begins with a brief explanation of basic concepts of healthcare and of management and operation of private hospitals. An overview of all sources of private law liability of doctors working at private hospitals follows. The scope is limited to private law liability from medical intervention. Firstly, rights and obligations contained in doctor-patient contract are explained and discussions on the characterization of these contracts are analyzed. The conclusion is that doctor-patient contract is an example of contract of mandate. However, the Court of Cassation holds that in case of treatments such as cosmetic surgery where a visible outcome is promised, the contract in question should be characterized as a contract for work and services. Secondly, liability based on culpa in contrahendo is outlined. Thirdly, tort liability is explained with a particular emphasis on consent as defence against criminal liability. Finally, application of negotiorum gestio to medical intervention by physicians is discussed.