Malpractice is a untechnischer term, which was used in former times for the rewriting by cases of liability from the range of the physician adhesion. It takes up latin the term of the medical treatment, those according to the rules of the art ("“put artis"” and on engl: state OF the kind) to take place must.

Colloquially the term "“physician bungle"” is also called. The expression "“treatment error"” is more neutral.

The newer term of the physician adhesion in former times often does not refer the relevant adhesion of the physician for requirements on compensation and thus those to-calibrating considered question about causality: not each error of the physician justifies his compensation obligation, on the contrary a concrete damage must to due be to this error. That is the civil side of the term.

Criminal is to be examined: culpable bodily injury, in the German criminal law after "§"§ the 223-233 StGB, or Whereby nearly each medical action represents first a bodily injury, which is however not punishable, as long as it is accomplished with consent and after the up-to-date knowledge conditions of the technical discipline. Thus here again according to the rules of the art.

In addition relatively often the term "“omitted assistance"” is possible.

But: The term care errors are named against it actions or omissions in the professional care, which can to have led or lead to damages of the maintained person.

For the examination of the adhesion questions etc. the medical profession furnished separate arbitration boards.

Literature

• Martin Lindner: Err is medical. Picture of the science 2/2004, P. 18 - 23 (2004), ISSN 0006-2375

Related links

• Addresses of the national physician chambers

Articles in category "Malpractice"

We found here 3 articles.

Related Websites

We found here 5 related websites.

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