Zeitschrift für ärztliche Fortbildung und Qualitätssicherung
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Z Arztl Fortbild Qualitatssich · Oct 1998
[Effect of criminal justice on civil rights apprehension].
Private law and criminal law are different in more than one way. On occasion, they overlap. ⋯ As far as the evidence is concerned, criminal law requires a higher degree of probability than private law. If the same case is subject to criminal and civil proceedings, both courts are not bound by each other's decisions.
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Z Arztl Fortbild Qualitatssich · Oct 1998
Comparative Study[Revision of the medical malpractice law? Malpractice in an international comparison].
An international comparison shows that the German criminal law is severe on physicians. In the majority of the other countries the doctor is just liable for criminal or gross negligence. There are some countries where lack of informed consent leads to a special criminal action. The comparative law shows us that it is better to keep the current criminal law.
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Z Arztl Fortbild Qualitatssich · Oct 1998
[Interactions between criminal justice and other areas of law from the viewpoint of the civil rights judge].
More than in the past, patients are consulting lawyers to check medical treatment for malpractice. One of 10,000 city-inhabitants institutes proceedings for compensations. In the past, a charge was brought at the same time to achieve examination of patients records and to obtain an expert opinion at government expenses. ⋯ The continuation of civil proceedings may not depend on the result of the investigation proceedings due to the different kind of evidence. The special duties of civil courts working with medical liability and expert opinions seem to show that civil proceedings are suited the best to clarify a dispute between physicians and patients. This also avoids to pillories the physician.
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Z Arztl Fortbild Qualitatssich · Oct 1998
[Position regarding revision of the medical malpractice law].
This statement responds to the objections of the medical profession to amend the criminal law in reference to the physicians. v. Bülow speaks for a reform, but many details need to be clarified first.
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When a physician by attempting to gain an illegal financial advantage for himself or another person damages the property of somebody in such a way that he produces or maintains an error under false pretense or distortion or suppression of facts, the physician is guilty of fraud. The attempt is a criminal offense. Following terms are discussed in this paper: illegal financial advantage, damage of property, intent, and status proceedings.