[Legal pitfalls in urology]

Urologe A. 2020 Jan;59(1):87-98. doi: 10.1007/s00120-019-01060-4.
[Article in German]

Abstract

The juridification of medicine affects all disciplines, including urology. Therefore, in this discipline it can well happen that patients not only feel wrongly treated or complain that a treatment was not performed lege artis but also demand compensation or even bring criminal charges. From the patient point of view, the doctor is often more likely to blame for a complication that has arisen or for a hoped for but failed treatment success, than that it is accepted that a complication is typical for the intervention, which, despite the greatest medical care, unfortunately can become reality and is a fateful course. Insurance against claims for damages can be taken out. Not to be underestimated, however, is the personal burden of the accusations with which doctors are confronted by patients, relatives, expert witnesses and courts and against which one must defend oneself. This can mean additional work in addition to the normal medical workload. Therefore, the legal pitfalls in urology should be known.

Keywords: Burden of proof; Confidentiality; Damages; Right behavior; Treatment error.

MeSH terms

  • Compensation and Redress / legislation & jurisprudence
  • Expert Testimony / legislation & jurisprudence
  • Humans
  • Insurance, Liability / economics
  • Insurance, Liability / legislation & jurisprudence
  • Liability, Legal / economics
  • Malpractice / economics
  • Malpractice / legislation & jurisprudence*
  • Patient Acceptance of Health Care
  • Physician-Patient Relations
  • Professional-Family Relations
  • Urology / economics
  • Urology / legislation & jurisprudence*