title: [Legal liability of the hospital].
abstract: Civil liability of the hospital institution for damages due to hospital treatment means liability for malpractice by the hospital staff. Such liability depends on whether the mistake was made during inpatient or out-patient care; it further depends on the hospitalization contract. If a health-service patient or a private patient has been harmed during treatment in a hospital, the hospital institution is liable for all staff members including the coordinator of the medical staff. However, if the hospitalization agreement stipulates that the coordinator of the medical staff shall be the contracting party only with respect to medical treatment, the hospital institution is not liable for the coordinator's behaviour. In case of outpatient treatment, the hospital institution is liable only for medical treatment provided by the hospital itself (i.e. in case of out-patient surgery) and not for medical treatment within the coordinators own out-patient department. The hospital institution has to organize the hospital's activities properly to avoid liability for faulty organisation. I.e the hospital institution has to provide sufficient staff out of office hours, to lay nonskidding floors or to instruct the staff properly in case a patient wishes to make his last will and testament. Regardless of a fault, the hospital institution is always liable for use of defective medical instruments. The hospital institution may try to avoid liability for tort (including compensation for immaterial damage) by proof of proper selection and supervision of the staff. However, such relief is very difficult and not available for key personnel.
authors.forename: T
authors.initials: T
authors.lastname: Bohle
mesh_terms: D005858:Germany; D006801:Humans; D007351:Insurance, Liability / Q000331:legislation & jurisprudence; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008505:Medical Staff, Hospital / Q000331:legislation & jurisprudence*; D010044:Outpatient Clinics, Hospital / Q000331:legislation & jurisprudence