The Claim Right for Compensation in Medical Litigations
Plaintiff take tort and non-performance of obligation usually as the claim right for the compensation in medical litigations. The following would be interesting questions: how does the court on the viewpoint of legal praxis differ and deal with these two claim rights? Are their legal elements or effects different? Since Supreme Court hold that a juristic person could have obligation of tort according to paragraph 184 Civil Law, would both of the claim rights above be different, when they are about different subjects bearing obligations like the physicians or the medical institutions?