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Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care
Published on: February 16, 2011
[Claims management from the perspective of the lawyer : Top 7 errors in medical liability law]
1Dr. jur. Jörg Heberer & Kollegen, Rechtsanwaltskanzlei, Paul-Hösch-Str. 25a, 81243, München, Deutschland.
Background:
The number of treatment error procedures against physicians in Germany has been relatively constant at a high level for years, even though the allegation of a faulty medical procedure is confirmed statistically only in approximately one quarter of the cases.
Objective:
Frequent and typical sources of error that can lead to the assertion of patient claims in the context of a medical treatment.
Material And Methods:
Evaluation of existing statistics of individual courts and arbitration boards.
Results:
From a legal point of view the most common mistakes under the medical liability law can be divided into seven categories, which are the subject of dispute in almost all judicial or extrajudicial treatment error procedures. Due to the civil legal evidence situation thereby errors in disclosure of information take the top spot.
Conclusion:
Even by observing a few legal requirements, numerous liability traps can be avoided in the context of medical treatment.
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