• M Arndt.
• Rechtsanwaltssozietät Ehlers, Ehlers & Partner, Berlin. Berlin@eep-law.de
• MMW Fortschr Med. 2004 Jan 29; 146 (5): 25-6, 28-9.

AbstractAt some time or other, every doctor may be confronted by a claim for damages, and he/she should be familiar with the most important rules on how to react. Of relevance with regard to liability are improper treatment and the provision of inadequate information to the patient. The essential basis for a defense against the charge of malpractice is proper patient documentation. Since this latter is accepted by the court as evidence, the physician should take great care to ensure complete and accurate records. Before court proceedings are initiated, it is recommended that arbitration or an expert opinion be sought, which in many cases may result in an out-of-court settlement. Criminal and civil proceedings are separate, and may lead to different outcomes. In the case of the latter, the patient may be awarded compensation and damages for pain and suffering.

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