Medical law

The lawyers at LAWMUC are your competent partner in medical law. On the one hand, medical law regulates the legal relationships between doctors and patients. In addition, medical law regulates the public law provisions governing the professional practice of doctors and dentists.

Our lawyers specialise in medical malpractice law.

Medical malpractice law

Medical malpractice refers to the civil liability of doctors and dentists towards their patients resulting from the breach of medical duties of care.

During medical treatment, a treatment contract is created between Doctor and Patients. On the basis of this contract, which legally constitutes a service contract, the doctor owes professional endeavours to bring about a cure or alleviation of complaints. In the event of breaches of duty under the treatment contract, patients may be entitled to compensation.

Breaches of duty in the context of treatment contracts can be categorised as treatment errors, documentation errors, information errors and other breaches of duty.

From a Treatment errors is generally used when medical treatment has not been carried out in accordance with generally recognised professional standards at the time of treatment (§ 280 I BGB, § 630a II BGB). Treatment errors can result from both active actions and omissions.

A Gross malpractice is present if the breach of duty clearly violates proven medical treatment rules or established medical knowledge and this no longer appears understandable from an objective point of view, because a doctor is absolutely not allowed to make such a mistake.

Clarification error - Before diagnostic and curative procedures and before prescribing and administering medication, the patient must be informed by a doctor so that they are aware of all the relevant circumstances - their illness, the nature and extent of the upcoming procedure, the risks and the impact on their private and professional life, etc. The rule here is that the more serious and drastic the consequences of the medical intervention are for the patient, the more thorough and detailed the information must be.

Documentation errors - A documentation error occurs when a doctor violates the documentation obligations incumbent upon him. The doctor is obliged to document his findings, therapeutic measures and other relevant issues. This is intended on the one hand to account for the treatment of his patient and on the other hand to enable another doctor to continue the treatment if the doctor leaves.

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