FAQ Arzthaftungsrecht


The law on physicians is a special field of medical law and is becoming increasingly important for patients. Medical liability is primarily the civil liability of a doctor to his patient in the event of a breach of his duty of care. If the doctor culpably makes a mistake during the treatment, he is liable to the patient.

Before a treatment, the doctor always concludes a treatment contract with his patient, from which the doctor owes due care. Without the consent of the patient, the doctor may not perform any treatment. If the consent is lacking, the doctor commits a punishable bodily injury and is liable under civil law for tortious acts. Thus, the doctor is liable to the patient for the damage incurred.

These are general features, but they are not sufficient to efficiently handle a medical case. In addition to the pertinent special court decisions, there must be a regular false diagnosis with subsequent incorrect treatment resulting from the difficulty of the matter, the allocation of burden of proof and the concrete medical data resulting courses. In addition, the patient's claim must be established.

Dabei spielt der medizinische “Standard”, wie er durch medizinische Gutachten umrissen wird, ebenfalls einen wesentlichen Masstab. Unabhängig hiervon kann freilich eine falsche Diagnose nicht zur richtigen Behandlung führen.

What is a treatment error?

A treatment error is the violation of the treating physician's medical treatment rules. The range of possible treatment errors ranges from diagnostic and findings survey errors to errors in the choice of therapy as well as implementation of the therapy up to organizational and quality defects. Even a lack of education of the patient often leads to a variety of medical errors.

When is there a treatment error?

A medical or medical error is due to a careless and not the accepted medical standards according to medical treatment. If due diligence or standards are breached that cause harm to the patient, the doctor or hospital may even be required to pay damages.

What is a compensation / compensation?

Damages include a sum of money owed by a doctor or hospital to a patient who has suffered damage as a result of a treatment error. The damage to the patient includes not only the damage to his or her health, but also loss of earnings / loss of earnings, budgetary damage or the reimbursement of the costs of treatment. Part of the compensation is compensation for pain, which is intended to provide financial compensation for the pain suffered and effects on the patient's quality of life.

What is a lawyer responsible for medical liability?

Your lawyer for medical malpractice law will help you if there is a breach of medical due diligence, for example, in case of a wrong diagnosis, a treatment error or even under insurance law. Even with a suspicion of a treatment error or similar a lawyer should be called in for counseling.

Why should you hire a lawyer for medical malpractice?

It is not always easy to detect and detect a treatment error. In addition to the acquisition of medical expertise, the case requires the experience and know-how of a lawyer. After all, it is a legal and not a medical question if there is a medical error in terms of legislation and case law. The burden of proof for a diagnosis error, clarification error or treatment error lies with the injured party in most cases, so the legal assessment of the case is very important. And only a specialized lawyer can operate the proper assertion of compensation and compensation claims.

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