Death Due to Internal Bleeding after Traffic Accident: The Application of Contributory Negligence, Mutatis Mutandis, To Patients
The Supreme Court indicates that it should considerate whether paragraph 217 Civil Law would be applicated analogously on the ground of the principle of fairness to reduce the obligation of compensation on the side of the hospital, when the emergency had already affected or strengthen the patient’s damage during a medical negligence. It would be the first case in the medical legal praxis. According to which, though the situation of the emergency patients which causes danger as disinterest might not be a contributory negligence, it should be a burden the patient shall take by himself. Therefore, the regulation of contributory negligence of the victim should be applicated analogously. The gorund and the possible types of the legal issue as such might be worth to analyze and they are the topics in this essay.