title: [Conflict situations in a hospital in the case of a civil lawsuit].
abstract: In the case of possible malpractice the physician is threatened with various legal proceedings. These may range from civil lawsuits including out-of-court settlement, independent evidential procedures (sections 485 et seqq.), criminal litigation and proceedings at the labour court to the withdrawal of the registration as a panel doctor. The annual number of civil lawsuits for damages, pain and suffering is estimated as approximately 10,000. In 35% of all cases expert commissions decide on malpractice; 85% are settled out of court so that 15% of cases proceed with litigation in a civil court. Of special importance to the physician sued in malpractice litigation is his pre-trial strategy. The present paper names the most important basic rules. The physician's failure to comply with these rules may result in severe penalties including the loss of malpractice insurance.
authors.affiliation: Hamm@dr-eick.de
authors.forename: Karl-Otto
authors.initials: KO
authors.lastname: Bergmann
mesh_terms: D003220:Conflict, Psychological; D003365:Costs and Cost Analysis; D005858:Germany; D006801:Humans; D007882:Legislation, Hospital / Q000639:trends; D008318:Malpractice / Q000191:economics / Q000331:legislation & jurisprudence*