["The same disease"--a problematic legal concept]

The legal concept "the same disease" according to a clause in the German Social Code, is questioned as a problematic one. This is compared with the broad interpretation of this concept in actual practice by those specialists who are engaged in expertising concerning limitation of claims by insured persons for compensation payment, since legal interpretations may reduce the possibilities of the statutory insurance body to reject such claims or to declare that no further payments will be made. This article has been written to stimulate a conceptional clarification and greater uniformity in expertising.