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  • Title: [Revision of the medical malpractice law? Need for action and reform from the viewpoint of the physician].
    Author: Bushe KA.
    Journal: Z Arztl Fortbild Qualitatssich; 1998 Oct; 92(8-9):564-7. PubMed ID: 9885161.
    Abstract:
    With regard to the revision of the criminal code, the BJM has suggested two regulations concerning the lawsuit of medical malpractice. The text expounds the contence of section 229 E (wrongful treatment, personal injury) and section 230 E (unwillful negligence). It appears disturbing that constitutes for wrongful treatment in the context of assault upon the patient have been included in criminal law so the offence is now rated at the same level as (grievous) personal injury. The aim of the revision being further protection of personal rights and the right of self-determination. The proposed section 229 E and section 230 E are not able to guard the clinician against allegations of assault under criminal law prosecution. The code of civil law should suffice to balance most conditions of malpractice and assault upon the patient. Prosecution by criminal code should be held back for willful offences and wanton or reckless negligence.
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