Experts estimate that there are up to more than 170,000 medical malpractice cases per year. Until the PatRG came into force, there was only case law on medical liability. A distinction is now made between liability cases:
1. malpractice due to medical malpractice,
2. breaches of the duty of disclosure pursuant to Section 630e of the German Civil Code (BGB),
3. violation of economic duties of disclosure according to § 630c III BGB as well as
4. breaches of the duty of documentation in accordance with §§ 630f, 630h III BGB.
Typical would be, for example, the joint crowning of molars by splinting, with the consequence that dental floss can no longer be used. If there is a lack of documented information and consent, this already constitutes, among other things, bodily injury (OLG Hamm, judgment of 17.12.2013, Case No. 26 U 54/13). At most, doctors have to insure themselves according to a professional code of conduct or state law, as do obstetricians or midwives, for example.
Statutory and private long-term care insurances as well as statutory health insurances are to support the patient in the enforcement of damages due to treatment errors according to an amendment of § 66 of the German Social Code, Book V (SGB V). Since then, this support has been the legal rule in normal cases – although some health insurers still find it difficult to implement it.
(The contents of this press release do not constitute tax, legal or expert advice. In specific individual cases, please contact any advisor you trust).
by Dr. Johannes Fiala
by courtesy of
www.dgch.de
(Chirurgie Mitteilungen der Deutschen Gesellschaft für Chirurgie, Issue 4/2014)
