Zeitschrift für ärztliche Fortbildung und Qualitätssicherung
-
Z Arztl Fortbild Qualitatssich · Oct 1998
[The physician as witness and defendant from the viewpoint of the state attorney].
According to the code of criminal procedure, a physician who is accused in regard to his professional work, has like any other accused, apart from the right to refuse to testify, four options to testify, e.g. during interrogation by the judge, public prosecutor and police or by means of a written statement. This is the correct procedure to clarity the facts. ⋯ A physician is principally bound to professional discretion, even when he is being questioned as a witness in a legal trial; this is not the case, however, once he has been released from medical confidentiality. Highly problematic both from a legal and human point of view are those cases, in which a physician is bound to medical confidentiality, yet he is faced with the difficulty whether he may or even shall--based on his own decision and having considered all circumstances--inform third parties because of conflicting interests.
-
Z Arztl Fortbild Qualitatssich · Oct 1998
Comparative Study[Revision of the medical malpractice law? Malpractice in an international comparison].
An international comparison shows that the German criminal law is severe on physicians. In the majority of the other countries the doctor is just liable for criminal or gross negligence. There are some countries where lack of informed consent leads to a special criminal action. The comparative law shows us that it is better to keep the current criminal law.
-
Z Arztl Fortbild Qualitatssich · Oct 1998
[Effect of criminal justice on civil rights apprehension].
Private law and criminal law are different in more than one way. On occasion, they overlap. ⋯ As far as the evidence is concerned, criminal law requires a higher degree of probability than private law. If the same case is subject to criminal and civil proceedings, both courts are not bound by each other's decisions.
-
Z Arztl Fortbild Qualitatssich · Oct 1998
[Interactions between criminal justice and other areas of law from the viewpoint of the civil rights judge].
More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. ⋯ The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician.
-
Z Arztl Fortbild Qualitatssich · Oct 1998
[Position regarding revision of the medical malpractice law].
This statement responds to the objections of the medical profession to amend the criminal law in reference to the physicians. v. Bülow speaks for a reform, but many details need to be clarified first.