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Verjährung bei Aufklärungspflichtverletzung über Behandlungsalternativen.
- Source :
-
GesR: Gesundheitsrecht . Sep2024, Vol. 23 Issue 9, p560-565. 6p. - Publication Year :
- 2024
-
Abstract
- The article deals with a court ruling that concerns the duty of doctors to inform patients about treatment alternatives. According to the ruling, doctors must inform patients about significant differences between different treatment methods, especially about specific risks associated with a particular method. In the present case, a doctor was sued because he did not sufficiently inform the patient about an alternative surgical method that carried a lower risk of complications. The court ruled that the doctor had violated the duty to inform and that the patient was entitled to compensation. The plaintiff is demanding compensation for pain and suffering as well as damages from the defendants due to a faulty and inadequately informed vaccination against the coronavirus SARS-CoV-2. The defendants are doctors in a joint practice. The district court granted the plaintiff's declaratory action, but set the amount of compensation too high. The higher regional court considers a compensation amount of €22,000 to be appropriate. The assumption of liability by the state excludes direct claims against the vaccinating doctor. [Extracted from the article]
- Subjects :
- *LEGAL judgments
*GOVERNMENT liability
*CORONAVIRUSES
*DISTRICT courts
*PHYSICIANS
Subjects
Details
- Language :
- German
- ISSN :
- 16101197
- Volume :
- 23
- Issue :
- 9
- Database :
- Academic Search Index
- Journal :
- GesR: Gesundheitsrecht
- Publication Type :
- Academic Journal
- Accession number :
- 179695534
- Full Text :
- https://doi.org/10.9785/gesr-2024-230910