Befunderhebung oder Diagnose?

The simple medical finding error is one of the practically most important cases of reversal of the burden of proof in the medical malpractice suit. In the context of this dissertation, the conceptual delimitation of the different medical treatment errors is worked out as precisely as possible. On this basis, the case law on simple medical finding error will be presented and the demarcation to diagnostic errors will be discussed. For this demarcation, categories are developed which can support the communication between judge and judicial expert. Finally, in an econometric part of the thesis, it will be examined whether the case law of the simple medical finding error has had an impact on the behaviour of physicians.