Medical Liability and Patient Law in Germany: Main Features with Particular Focus on Treatments in the Field of Interventional Radiology.

Sommer, Shannon; Geißler, René; Wolf, M.; Radeleff, Boris; Richter, G. M.; Kauczor, H.-U.; Pereira, Philippe L.; Sommer, CM

doi:10.1055/s-0041-108198

Cited by 5 publications

(6 citation statements)

References 1 publication

(2 reference statements)

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“…Medical liability in Germany is imputed on the commitment of errors in treatment and/or on the obtainment of informed consent, without a distinction between contractual and tortious liability. Indeed, both errors can involve a contractual liability based on a treatment contract pursuant to §280, paragraph 1, sentence 1, of the German Civil Code, as well as a tortious liability independent of such a contract pursuant to §823, paragraph 1, of the German Civil Code [31]. The prerequisite is that the medical error has causality for the injury to the patient's life, body, or health.…”

Section: Germanymentioning

confidence: 99%

COVID-19 Vaccination and Medical Liability: An International Perspective in 18 Countries

et al. 2022

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The COVID-19 vaccination has proven to be the most effective prevention measure, reducing deaths and hospitalizations and allowing, in combination with non-pharmacological interventions, the pandemic to be tackled. Although most of the adverse reactions to vaccination present mild symptoms and serious effects are very rare, they can be the cause of legal action against the healthcare workers (HCWs) who administered it. To highlight differences in the medical liability systems, we performed a search for the three most populous countries in each continent on vaccine injury compensation programs, new laws or policies to protect HCWs administering vaccinations introduced during the COVID-19 pandemic, and policies on mandatory vaccinations, on literature databases and institutional sites. We found that in seven countries the medical liability system is based on Common Law, while in eleven it is mainly based on Civil Law. Considering the application of specific laws to protect HCWs who vaccinate during the pandemic, only the USA and Canada provided immunity from liability. Among the countries we analyzed, fourteen have adopted compensation funds. From an international perspective, our results highlight that in eleven (61.1%) countries medical liability is mainly based on Civil Law, whilst in seven (38.9%) it is based on Common Law.

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Section: Germanymentioning

confidence: 99%

COVID-19 Vaccination and Medical Liability: An International Perspective in 18 Countries

et al. 2022

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“…To start with, it is worth noting two methodologically important aspects. Firstly, when conducting this kind of research, one should be alert to the interdisciplinary approach (Sommer et al 2016), as it will inevitably contribute to the effective balancing of private and public interests, as well as the interrelated interests of patients, members of the legal community and healthcare professionals. From this standpoint, for example, the emphasis made in Paragraph 6 of the Statement on Medical Responsibility Reform adopted by the World Medical Association (WMA) on the need to be aware of the difference between harm caused by medical negligence and the adverse outcomes that occurred during medical care and treatment, but not through the doctor's fault.…”

Section: Methodsmentioning

confidence: 99%

“…At the same time, the literature distinguishes between, among other things, organisational or administrative errors (such as violations of sanitary and hygienic norms, responsibilities for the provision of medicines or safety of equipment) and the actual medical errorsdiagnostic and therapeutic. In addition, breaches of patient information responsibilities can be divided into breaches of medical and economic information about treatment (Sommer et al 2016). Admittedly, any such specification, on the one hand, encourages medical services providers to make appropriate efforts in each segment of the activity associated with the observance of patients' rights, and on the other hand, creates additional guarantees for patients to receive compensatory protection in case of violation of their rights.…”

Section: Methodsmentioning

confidence: 99%

Joint Functional Focus of Models of Civil Liability for Damage Inflicted on Patients

Prymak¹,

Koreniuk

Poharchenko

2021

Int. J. Criminol. Sociol.

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One of the key areas of legal regulation of any aspect of public life (especially when it comes to personal moral rights inalienable from a person, including those that ensure the person's physical existence and reflect the human dignity inherent in every individual) is the establishment of legal guarantees for the observance and protection of subjective rights belonging to a person. The purpose of this study is to determine the centripetal (in value and functional terms) trends in the development and application of similar legal models and means of legal regulation of relations arising from harm inflicted on patients. It was concluded on the inevitability of the intensification of the world, and European, in particular, tendencies regarding the diverse use by national legal systems of similar functional legal instruments for compensation for property and moral damage in order to ensure effective protection of personal non-property and property rights of patients and related persons. Therewith, the identity of a certain national legal mechanism will be determined mainly by the orientation of the legal policy of a particular state towards the top-priority implementation of certain characteristics of compensation and proactive, preventive (which, in the context under consideration, appears as a guarantee for the observance of the rights of patients and the performance of obligations by the providers of medical services) functions of civil liability.

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“…[14][15][16] Intrinsic characteristics of the scientific field covering the interface of patient safety and legal regulations are further complicated by differences arising from distinct national laws and practices. 2,17,18 In this work, we aimed to gain quantitative insights on the scientific landscape on legal regulations of patient safety by applying bibliometric analysis-an approach that has proven useful in the total-scale profiling and characterization of selected scientific areas. [19][20][21][22][23][24]…”

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confidence: 99%

Patient Safety and Legal Regulations: A Total-Scale Analysis of the Scientific Literature

et al. 2022

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The aim of the study was to quantitatively analyze the scientific literature landscape covering legal regulations of patient safety.Methods: This retrospective bibliometric analysis queried Web of Science database to identify relevant publications. The identified scientific literature was quantitatively evaluated to reveal prevailing study themes, contributing journals, countries, institutions, and authors, as well as citation patterns. Results:The identified 1295 publications had a mean of 13.8 citations per publication and an h-index of 57. Approximately 78.8% of them were published since 2010, with the United States being the top contributor and having the greatest publication growth. A total of 79.2% (n = 1025) of the publications were original articles, and 12.5% (n = 162) were reviews. The top authors (by number of publications published on the topic) were based in the United States and Spain and formed 3 collaboration clusters. The top institutions by number of published articles were mainly based in the United States and United Kingdom, with Harvard University being on top. Internal medicine, surgery, and nursing were the most recurring clinical disciplines. Among 4 distinct approaches to improve patient safety, reforms of the liability system (n = 91) were most frequently covered, followed by new forms of regulation (n = 73), increasing transparency (n = 67), and financial incentives (n = 38).Conclusions: Approximately 78.8% of the publications on patient safety and its legal implications were published since 2010, and the United States was the top contributor. Approximately 79.2% of the publications were original articles, whereas 12.5% were reviews. Healthcare sciences services was the most recurring journal category, with internal medicine, surgery, and nursing being the most recurring clinical disciplines. Key relevant laws around the globe were identified from the literature set, with some examples highlighted from the United States,

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Medical Liability and Patient Law in Germany: Main Features with Particular Focus on Treatments in the Field of Interventional Radiology.

Cited by 5 publications

References 1 publication

COVID-19 Vaccination and Medical Liability: An International Perspective in 18 Countries

COVID-19 Vaccination and Medical Liability: An International Perspective in 18 Countries

Joint Functional Focus of Models of Civil Liability for Damage Inflicted on Patients

Patient Safety and Legal Regulations: A Total-Scale Analysis of the Scientific Literature

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