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Medical Malpractice Law


Medical malpractice liability is an important focus of medical law, in which the liability relationship between doctor and patient is regulated.

A doctor is responsible to his patient. As soon as a doctor treats a patient, a treatment contract is automatically created. This contract of service does not require a certain success – such as a cure – but that the doctor observes the necessary duties of care and makes a professional effort. The aim should be to heal and alleviate the patient’s complaints.

A doctor is liable as soon as he or she violates his or her duty of care or acts without permission. If there has been damage to health, the reason must be a mistake.

Medical standards of the respective specialty form the basis for every treatment to which the doctor is bound. Assured medical findings are formulated in guidelines, directives or other explicit instructions for action.

In medical malpractice law, it is important to differentiate errors on a case-specific basis. > Sources of error in medical law

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