[Organisational problems in hospitals as risk factors]

The organisational responsibility in a hospital lies with the individual who is actually (co-) responsible for the error (for example, the senior consultant, medical director, nursing manager, administrative director or manager of a hospital). According to the Federal Court of Justice (BGH), staff shortages are no excuse for the failure to adhere to the standard of care. According to a judgement of the Labour Court in Wilhelmshaven the Senior Consultant of a hospital is entitled to be provided with the necessary number of staff by the hospital owner who is obliged to provide a round-the-clock specialist care standard. Care should be taken that no employees be deployed who are overtired from working the previous night shift. Timely information of the follow-up physician about therapeutic issues resulting from the hospital treatment is demanded. Risk prevention strategies developed by an expert group as a form of risk management are reasonable and also requested by some liability insurances.