Handbuch Arzthaftungsrecht

The Handbook of Medical Malpractice Law systematically explores the special features of medical malpractice law on the basis of the Patients' Rights Act. With a focus on practical relevance, experienced practitioners provide comprehensive explanations of the substantive and procedural principles and give valuable advice on client management on both the patient's and the doctor's side, from the acceptance of a client's case to its termination. 90 % of liability cases are concluded in out-of-court proceedings, which is where the lawyer's work in medical liability law mandates is focussed. Accordingly, the tips provided by the team of authors for out-of-court proceedings are of practical relevance. By elaborating the dogmatics of medical malpractice law, the handbook also provides argumentation aids for new problem constellations. The 2nd edition includes new chapters on e-health and rescue service law and evaluates and critically examines the relevant (supreme court) decisions, e.g. on daily compensation for pain and suffering and on dealing with living wills. From the contents: On substantive law: -bases of liability, practical application of the Patients' Rights Act, problems of the statute of limitations -treatment errors with current focus on discharge management, birth injury law and dentist liability -information errors (consent, decision conflicts, burdens of proof and special problems) -damage, types of damage and compensation for pain and suffering with calculation examples On extrajudicial activity: -Mandate management on the patient and doctor side -Criminal proceedings and compliance -Labour law issues, e.g. overload problems and special problems with calculation examples.Medical liability insurance, in particular cover -Mediation Procedural law: -Special features of medical liability law -Passive legitimacy -Clearance of the facts, subject matter of the dispute and probative value -Expert evidence -Procedural settlement.