title: [Medical malpractice and preliminary criminal proceedings].
abstract: Repeatedly expressed worries that doctors are at risk for malpractice suits and for ending up in prison do not really reflect reality. An empirical study on public prosecutors' offices demonstrated that malpractice proceedings where doctors were blamed for treatment errors had predominantly been closed. If a long time passes between the opening and the closing proceedings this is often due to the colleagues who take more than average time to state their expert opinion as requested. In most cases these expert medical opinions are decisive in the outcome of these proceedings.
authors.affiliation: Juristische Fakultät der Martin-Luther-Universität Halle-Wittenberg. lilie@jura.uni-halle.de
authors.forename: Hans
authors.initials: H
authors.lastname: Lilie
mesh_terms: D002961:Civil Rights / Q000331:legislation & jurisprudence; D003415:Crime / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D007883:Legislation, Medical / Q000706:statistics & numerical data; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009042:Motivation; D010820:Physicians; D011330:Prisons