Arzt- und Krankenhausträgerhaftung bei der Implantation von Medizinprodukten

In the last years, several scandals concerning defective implanted medical devices have caused a sensation. The focus of the liability cases was mainly on claims by patients against the medical device manufacturers. A possible liability of the attending doctor or the hospital in the case of the implantation of medical devices, however, has been neglected. The aim of the investigation was to close this gap.
In particular, the thesis focuses on the question which rights the patient may have in case of defectiveness of the implanted medical device. This depends to a large extent on the qualification of the contractual relations. In addition, specific problems arising from the interface between medical malpractice liability and medical device law are examined.