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[Partial causality in case of physician liability]
1Berufsgenossenschaftliche Unfallklinik Murnau.
Abstract:
The specific theories about causality related to the different branches of law do have importance in the politics of rules. In civil law and physician liability law as well the theory of adequacy is valid. This theory selects only certain conditions as legally effective out of the abundance of all existing conditions. In physician liability law it typically happens, that indifferent chains of cause and effect coincide, what matters is to distinguish one from another and according to conditions to determine the partial causality which has to be attributes to the physician. The example of the untreated peri-lunar luxation and subsequent lunar necrosis illustrates the legally effective problematic nature of two causes.