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@ARTICLE{Sommer:130580,
      author       = {S. A. Sommer and R. Geissler and U. Stampfl and M. B.
                      Wolf$^*$ and B. A. Radeleff and G. M. Richter and H.-U.
                      Kauczor$^*$ and P. L. Pereira and C. M. Sommer},
      title        = {{M}edical {L}iability and {P}atient {L}aw in {G}ermany:
                      {M}ain {F}eatures with {P}articular {F}ocus on {T}reatments
                      in the {F}ield of {I}nterventional {R}adiology.},
      journal      = {RöFo},
      volume       = {188},
      number       = {4},
      issn         = {1438-9010},
      address      = {Stuttgart [u.a.]},
      publisher    = {Thieme},
      reportid     = {DKFZ-2017-05659},
      pages        = {353 - 358},
      year         = {2016},
      abstract     = {On February 26th, 2013 the patient law became effective in
                      Germany. Goal of the lawmakers was a most authoritative case
                      law for liability of malpractice and to improve enforcement
                      of the rights of the patients. The following article
                      contains several examples detailing legal situation. By no
                      means should these discourage those persons who treat
                      patients. Rather should they be sensitized to to various
                      aspects of this increasingly important field of law. To
                      identify relevant sources according to judicial standard
                      research was conducted including first- and second
                      selection. Goal was the identification of jurisdiction,
                      literature and other various analyses that all deal with
                      liability of malpractice and patient law within the field of
                      Interventional Radiology--with particular focus on
                      transarterial chemoembolization of the liver and related
                      procedures. In summary, 89 different sources were included
                      and analyzed. The individual who treats a patient is liable
                      for an error in treatment if it causes injury to life, the
                      body or the patient's health. Independent of the error in
                      treatment the individual providing medical care is liable
                      for mistakes made in the context of obtaining informed
                      consent. Prerequisite is the presence of an error made when
                      obtaining informed consent and its causality for the
                      patient's consent for the treatment. Without an effective
                      consent the treatment is considered illegal whether it was
                      free of treatment error or not. The new patient law does not
                      cause material change of the German liablity of malpractice
                      law.•On February 26th, 2013 the new patient law came into
                      effect. Materially, there was no fundamental remodeling of
                      the German liability for medical malpractice. •Regarding a
                      physician's liability for medical malpractice two different
                      elements of an offence come into consideration: for one the
                      liability for malpractice and, in turn, liability for errors
                      made during medical consultation in the process of obtaining
                      informed consent. •Forensic practice shows that patients
                      frequently enforce both offences concurrently.},
      cin          = {E010 / E015},
      ddc          = {070},
      cid          = {I:(DE-He78)E010-20160331 / I:(DE-He78)E015-20160331},
      pnm          = {315 - Imaging and radiooncology (POF3-315)},
      pid          = {G:(DE-HGF)POF3-315},
      typ          = {PUB:(DE-HGF)16},
      pubmed       = {pmid:26716403},
      doi          = {10.1055/s-0041-108198},
      url          = {https://inrepo02.dkfz.de/record/130580},
}