[Organisational responsibility versus individual responsibility: safety culture? About the relationship between patient safety and medical malpractice law].
The contribution is concerned with the correlations between risk information, patient safety, responsibility and liability, in particular in terms of liability law. These correlations have an impact on safety culture in healthcare, which can be evaluated positively if--in addition to good quality of medical care--as many sources of error as possible can be identified, analysed, and minimised or eliminated by corresponding measures (safety or risk management). Liability influences the conduct of individuals and enterprises; safety is (probably) also a function of liability; this should also apply to safety culture. The standard of safety culture does not only depend on individual liability for damages, but first of all on strict enterprise liability (system responsibility) and its preventive effects. Patient safety through quality and risk management is therefore also an organisational programme of considerable relevance in terms of liability law.
Hart
Dieter
D
Institut für Gesundheits- und Medizinrecht, Fachbereich Rechtswissenschaft, Universität Bremen. hart@uni-bremen.de
D003469:Culture; D005858:Germany; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D009938:Organizations / Q000592:standards*; D012449:Safety / Q000592:standards*; D012941:Social Responsibility