Der potenzielle Produktfehler nach der EuGH-Rechtsprechung

The book reflects the development of the potential defect in case law and literature, analyses the reasoning of the ECJ and highlights the impact on the liability of the manufacturer of medical products in Germany. It identifies the factual and legal problems for forensic practice and develops criteria for the definition of the concept of potential defect. Further, various case scenarios are analysed, in particular with regard to the transferability of the ECJ case on other medical devices, the impact on the scope of damages, the practical impact on the company organisation and the departments (Vigilance/Legal) as well as the remaining possibilities of a liability reduction or delamination of the manufacturer of medical devices in cases of a potential defect. Due to the numerous practical constellations, the book is also addressed to practitioners.