Der gerechte Ausgleich der Partei-Interessen in der Arzthaftung

The author presents medical malpractice suits (procedural and material) in the three US states of Florida, California and Virginia (current state: 2017). For this purpose, those aspects which are of particular interest for a just balance of interests with respect to medical liability are compared with German law. First, he provides an extensive examination from its beginnings in early medieval English common law to the present day. Subjects include the responsibility of a medical practitioner, the handling of a “loss of chance” and an analysis of bereavement damages for relatives in German Law. Furthermore, the complex matter of horizontal and vertical medical liability in US law is discussed from several perspectives. In the course of this investigation, the author also develops a “quick test” for the scientific selection of US states. This test allows for a criteria-based selection of US states prior to the beginning of a scientific investigation.