[Medical responsibility. An overview of recent legislation (status: February 1994)].
1. It's only about the legal liability of the doctor for compensation in case of non properly treatment of a patient. It's not about a causal liability, but about a model liability, and it is sufficient not having observed the required standards. Having assessed the liability grounds (not keeping of the required standards) the patient must prove that this treatment had led to damages. If it is a significant medical mistake the doctor must prove, that there was no effect in order to escape a liability. 2. The standards often not will be carried out because the doctor in attendance (beginner) assume a treatment, which he is not up to or the technical equipment is not sufficient. Even if the hygiene is not sufficient the burden of proof can be changed in emphasis to the doctor. 3. Some medical examples will shortly clarify the problems of liability.
Kleinewefers
H
H
D002983:Clinical Competence / Q000331:legislation & jurisprudence; D005858:Germany; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010348:Patient Care Team / Q000331:legislation & jurisprudence*
Zur ärztlichen Verantwortung. Eine Ubersicht über die neuere Rechtsprechung (Stand: Februar 1994).