Phlebologie 2021; 50(05): 343-355
DOI: 10.1055/a-1421-2625
CME-Fortbildung

Arzthaftung bei delegierbaren Leistungen

Medical liability for delegated tasks
Volker Großkopf
,
Erika Mendoza

Juristische Themen sind sicher nicht der Fokus unseres täglichen Handelns in den Arztpraxen. Damit haben Ärzte in der Regel selten etwas zu tun, und wenn doch, kümmern sich darum die Haftpflichtversicherung und die Rechtsschutzversicherung.

Abstract

The delegation of medical tasks to non-medical staff members is often the subject of medical liability lawsuits. Frequently the person to whom the task is delegated is not sufficiently qualified, either because the assigned task is not suitable for delegation, or because he or she does not have the formal or material qualifications. Unfortunately, in most cases, German legislators have not clearly delineated the areas of responsibility of doctors and non-medical assisting staff. Only very few legal norms stipulate the doctor’s own involvement (e. g., The Transfusion Act, the Infection Protection Act, the Medicines Act, or the Transplant Act). As such, only case law, legal literature, and statements by the professional associations can provide some guidance. Of course, few would dispute that a doctor’s core responsibilities – diagnosis and developing a treatment plan – must only be carried out by a licensed medical doctor. Nevertheless, a clear regulation on the distinction between the doctor’s core area of responsibility and those medical tasks which are suitable for delegation, remains necessary. The ruling by the Higher Regional Court of Dresden from 2008 (AZ: 4 U 1857/07) provides information on what constitutes a doctor’s core area of responsibility. According to the ruling, medical duties cannot be delegated if the delegated task has a high degree of difficulty, a high risk, and is associated with unpredictable reactions. For the delegation of the remaining measures, it is crucial that the assigned member of staff has both the formal and material qualifications to carry out the task appropriately.



Publication History

Article published online:
11 October 2021

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