title: [Medical malpractice in relation to its social political importance].
abstract: Despite an unchanged legal basis the number of proceedings concerning medical practitioner's liability has increased substantially and medical law has developed into an independent field of law in the last 20 years. On one hand this is a result of modern medicine's extended possibilities to act and control, on the other hand it is caused by the patient's changed attitude towards both, his disease and his physician. Hereby the mass media exercise considerable influence with their commentaries, that are often exaggerated in their criticism and their representation. But this development gives no rise to concern. The jurisdiction in the field of medical practitioner's liability is--apart from a few exceptions--not overstated but necessary for the safeguarding of the patient's interests. It doesn't impede progress, doesn't give cause for a defensive medicine and doesn't burden our public health system. For the patient's wellbeing it often even accomplishes the important function of convincing the public health administration, that sometimes shows a tendency to act economically, of strict medical demands. There still is no room for the general conclusion, that the control of medicine by jurisdiction has undermined the confidential relationship between patient and physician. The recently published result of an opinion poll has shown, that physicians still enjoy a high reputation, while journalists--in spite of some contradictory statements--find themselves in the last ranks.
authors.affiliation: Oberlandesgerichts a.D., Celle.
authors.forename: H
authors.initials: H
authors.lastname: Franzki
mesh_terms: D005860:Germany, West; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D007351:Insurance, Liability / Q000331:legislation & jurisprudence*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010353:Patient Education as Topic / Q000331:legislation & jurisprudence*
vernacular_title: Arzthaftung in ihrer gesellschaftspolitischen Bedeutung.