Public medical staff's passive legal standing for remedial action should not be accepted in ordinary or administrative courts under no circumstances. Public or private legal persons who provide health services and natural persons who are in part of a contract relationship with those who provide health services are liable for the actions of medical staff since they are performance assistants. In cases where contract relationship is accepted as a fact, performance assistant medical staff has no passive legal standing. All natural and legal (public or private) persons are performance assistants if they engage in the fulfillment of an obligation which arises from a contract which is created by the consent of the debtor. However due to public law rules public institutions and offices are not performance assistants where one has to apply in order to demand a fulfillment of a debt or exercise a right. Apart from public law rules public institutions and offices where one needs to apply for the fulfillment of a debt, can be performer assistants. Performance assistant's liability from its actions is a cause liability and is an example of objective liability. Debtor should be liable from any harm that is inflicted to creditor by the performer assistant during the performance without the need to consider whether performance assistant is faulty or not. However if the harmful act is nowhere near in the context of the debtor-creditor relationship and is not benefiting from the performance then the debtor should not be liable