Medical liability law

Medical liability law deals with all claims of the patient against the treating doctor who violates his medical duty of care towards the patient.

In principle, a doctor may not treat a patient without consent, otherwise he will be committing a criminal offense (§§ 223 ff. StGB) and is liable to the patient under civil law under medical liability law in accordance with §§ 823 ff. BGB. In medical liability law, a treatment contract is usually concluded between doctor and patient, from which special duties of care arise for the treating doctor in addition to the treatment owed.

The standard of care in medical liability law is based on the medical standards of the respective field. The standard of care in medical liability law is based on the medical standards of the respective field.

There are no special legal regulations for medical liability law; it is based on the general civil law compensation regulations (§§ 280 ff., 823 ff. of the Civil Code) and is primarily characterized by a large number of decisions from case law and judicial law, which is why it is in medical liability law requires the special expertise of a lawyer.

Die Sorgfaltspflichtverletzungen im Arzthaftungsrecht lassen sich in folgende Oberbegriffe einteilen:

  • Malpractice (malpractice)
  • Clarification error
  • Documentation error
  • Other breaches of duty

Abschluss

In medical liability law, before you take the route of a civil lawsuit, there is the option of a free, out-of-court arbitration procedure with the responsible state medical association, provided the doctor agrees to this.

On the following pages we will try to provide you with as much information as possible about medical liability law.

We also recommend the following pages on the subject of medical liability law: