title: [The so-called specialist status from the viewpoint of jurisdiction of the German court of justice].
abstract: As long as the resident as a physician in training does not have the knowledge of a specialist, he has to be accompanied by a specialist (i.e., during surgical procedures). Is there a lack of such company, the onus of proof, that a failure is not due to the lack of specialist's quality, is on the side of the therapist. If this proof can be given, the question about specialist or not specialist is off the table (this is also true for the court of justice).
authors.affiliation: Bundesgerichtshof, Karlsruhe.
authors.forename: E
authors.initials: E
authors.lastname: Steffen
mesh_terms: D002983:Clinical Competence / Q000331:legislation & jurisprudence*; D013502:General Surgery / Q000193:education; D005858:Germany; D006801:Humans; D007396:Internship and Residency / Q000331:legislation & jurisprudence*; D007883:Legislation, Medical; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D013038:Specialization