[How does a lawyer evaluate the introduction of a new treatment method (the so-called learning curve)]

In the interest of our patients and advancement in medicine and with the guarantee by law of the freedom to select methods of treatment, we may and must try out new strategies even in the face of initially unknown risks, side effects, and consequences. Every innovation assumes, however, that the advantages and disadvantages, potential complications, and burden to the patient have been weighed against those of conventional methods. The risks that a pioneer takes must be justified and presented comprehensively and clearly to the patient. Otherwise the threat is posed of civil and criminal accusations of negligence in responsibility or in the obligation to fully inform patients. Patient protection and safety must always be the first priority.