Medizinrecht

Deutsch, Erwin; Spickhoff, Andreas

doi:10.1007/978-3-642-38149-2

Cited by 57 publications

(39 citation statements)

References 0 publications

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“…Critics contend that because the CMPA's fees are not based upon a physician's record, the system does little to penalize physicians who are found to be liable for malpractice even on multiple occasions. 9 Physicians who have committed acts of malpractice may, however, be disciplined by their provincial licensing body. Discipline can range from suspensions to losses of the privilege to continue practicing medicine.…”

Section: Liability Insurancementioning

confidence: 99%

“…8 The most common causes of liability are defective treatment, wrong diagnosis, wrong medication, lack of disclosure, and unauthorized treatment. 9 Damages in medical malpractice cases are awarded on the basis of the Civil Code provision on indemnity for losses suffered. 10 Damages are entirely compensatory; punitive damages are not awarded in Germany.…”

Section: A Bases Of Liabilitymentioning

confidence: 99%

“…This liability arises from the duty of care that the NHS Trusts owe to their patients. 6 This application of vicarious liability has resulted in a government policy 7 known as NHS indemnification, which arises when an employee of the NHS 8 in the course of their work, is responsible for a negligent act or omission (commonly referred to as "clinical negligence") 9 that results in harm to an NHS patient or volunteer. 10 The NHS has provided guidance stating that when it is vicariously liable for the negligent healthcare professional it should "accept full financial liability where negligent harm has occurred, and not seek to recover costs from the healthcare professional involved."…”

mentioning

confidence: 99%

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Defensive medicine in neurosurgery: the Canadian experience

Smith

Hulou

Yan

et al. 2016

JNS

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OBJECT Recent studies have examined the impact of perceived medicolegal risk and compared how this perception impacts defensive practices within the US. To date, there have been no published data on the practice of defensive medicine among neurosurgeons in Canada. METHODS An online survey containing 44 questions was sent to 170 Canadian neurosurgeons and used to measure Canadian neurosurgeons’ perception of liability risk and their practice of defensive medicine. The survey included questions on the following domains: surgeon demographics, patient characteristics, type of physician practice, surgeon liability profile, policy coverage, defensive behaviors, and perception of the liability environment. Survey responses were analyzed and summarized using counts and percentages. RESULTS A total of 75 neurosurgeons completed the survey, achieving an overall response rate of 44.1%. Over one-third (36.5%) of Canadian neurosurgeons paid less than $5000 for insurance annually. The majority (87%) of Canadian neurosurgeons felt confident with their insurance coverage, and 60% reported that they rarely felt the need to practice defensive medicine. The majority of the respondents reported that the perceived medicolegal risk environment has no bearing on their preferred practice location. Only 1 in 5 respondent Canadian neurosurgeons (21.8%) reported viewing patients as a potential lawsuit. Only 4.9% of respondents would have selected a different career based on current medicolegal risk factors, and only 4.1% view the cost of annual malpractice insurance as a major burden. CONCLUSIONS Canadian neurosurgeons perceive their medicolegal risk environment as more favorable and their patients as less likely to sue than their counterparts in the US do. Overall, Canadian neurosurgeons engage in fewer defensive medical behaviors than previously reported in the US.

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Section: Liability Insurancementioning

confidence: 99%

Section: A Bases Of Liabilitymentioning

confidence: 99%

mentioning

confidence: 99%

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Defensive medicine in neurosurgery: the Canadian experience

Smith

Hulou

Yan

et al. 2016

JNS

View full text Add to dashboard Cite

show abstract

“…Krankenhauses konfligierend gegenüber. 801 Bei einer Abwägung dieser Belange ist dem Interesse des Patienten an einer optimalen Selbstbestimmung der Vorrang einzuräumen. 802 Dies hat auch die Rechtsprechung erkannt.…”

Section: Inhalt Der Aufklärung (Abs 1)unclassified

“…Eine solche Begrenzung der Beweislastumkehr existierte bislang nicht und sollte, wie das Fehlen jeglicher Anmerkung zu diesem Tatbestandsmerkmal in der Gesetzesbegründung zeigt, 1068 auch nicht eingeführt werden. Der Gesetzgeber hätte das überflüssige Adjektiv daher am besten, wie etwa von Deutsch bereits während des Gesetzgebungsprozesses angemerkt, 1069 weggelassen oder eine gänzlich andere Formulierung, wie etwa "eine Gefahr aus dem Risikobereich des Behandelnden", gewählt.…”

Section: A) "Allgemeines" Behandlungsrisikounclassified