Handbuch Arzthaftungsrecht

The Handbook on Medical Liability Law systematically explores the specifics of medical liability law based on the Patient Rights Act. Experienced practitioners explain the substantive and procedural legal foundations in detail, focusing on practical relevance, and provide valuable insights into case management from both the patient’s and the physician’s perspective, from case acceptance to termination. 90% of liability cases are resolved through out-of-court proceedings, where the lawyer's role in medical liability cases is particularly emphasized. Accordingly, the tips from the author team for out-of-court procedures are highly relevant to practice. By elucidating the dogmatics of medical liability law, the handbook offers argumentative support even for new problem constellations. The second edition includes new chapters on e-health and emergency services law, and evaluates and critically examines relevant decisions, such as those regarding precise pain and suffering compensation and the handling of advance directives.

Contents:

On substantive law:

• Grounds for liability, practical implementation of the Patient Rights Act, statute of limitations issues
• Treatment errors with current focuses on discharge management, birth injury law, and dental liability
• Informed consent errors (consent, decision conflicts, burdens of proof, and special issues)
• Damage, types of damages, and pain and suffering compensation with calculation examples

On out-of-court activities:

• Case management from both the patient’s and the physician’s perspective
• Criminal proceedings and compliance
• Labor law issues, e.g., overload issues and information claims
• Medical malpractice insurance, particularly coverage protection
• Mediation

On procedural law:

• Specifics of medical liability law
• Passive legitimacy
• Fact-finding, subject matter, and evidentiary value
• Expert evidence
• Settlement in litigation.