[The doctor as user is always to blame? : How to be covered in event of claims]

This liability-related article on patient safety in the context of orthopedic implant surgery clarifies the question of whether the physician meets the strict manufacturer's liability under the Medizinproduktegesetz (Medical Devices Act) or the provisions of civil law for contract liability and tort liability apply to the installation of the implant. Basically, the doctor is only liable for a culpable default violation. He is not responsible for the burden of proof that a design, fabrication or instruction error caused the damage. The physician benefits from therapeutic freedom also in the choice and application of the implant. In individual cases, however, even the wrong choice of implant may lead to a "gross" error in treatment. Incidentally, the doctor may confine himself to a visual and mechanical examination of the functional capability of a prosthesis. The doctor may benefit from the principle of trust, according to which each partner may rely on the diligence of the contractor. The article concludes with a number of practical hints.