[Interactions between criminal justice and other areas of law from the viewpoint of the civil rights judge]

Z Arztl Fortbild Qualitatssich. 1998 Oct;92(8-9):645-9.
[Article in German]

Abstract

More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. Due to recent jurisdiction, the patient got the right to examine treatment records without the necessity to specify his reasons. Settlement institutions of the society of physicians of Germany facilitate an examination of a treatment procedure for mistakes without costs. Therefore, there is no more incentive for a charge to achieve compensations. The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician.

Publication types

  • English Abstract

MeSH terms

  • Civil Rights / legislation & jurisprudence*
  • Expert Testimony / legislation & jurisprudence
  • Germany
  • Humans
  • Insurance, Liability / legislation & jurisprudence
  • Malpractice / legislation & jurisprudence*
  • National Health Programs / legislation & jurisprudence*
  • Patient Advocacy / legislation & jurisprudence