Medical malpractice is when the physician causes harm to the patient as a result of not showing the necessary care and attention. Breach of contract (TBK art. 112) or tort (TBK art. 49) gives rise to liability.
Types of Responsibility
- Physician liability: Professional negligence, violation of the obligation to inform
- Hospital liability: Organizational fault, employee selection
- SGK / State hospital: Administrative jurisdiction (administrative court)
Proof and Expert Witness
The report of the expert expert panel consisting of faculty members of the Forensic Medicine Institute and the Faculty of Medicine is mandatory.
Supreme Court 13th HD Approach
The Supreme Court 13th HD accepts that the physician's obligation is "not the result, but due care", but that the responsibility for the result increases since aesthetic operations have the nature of "work contract".
Lighting Obligation
The physician must inform the patient in detail about the risks, consequences, and alternatives before the intervention and obtain signed informed consent. Insufficient illumination alone creates liability.
Health and compensation law lawyer support is recommended.