Death occurred in
6.6+/-1.2% of adverse events and 8.8+/-2.5% of negligent adverse
events.
¿µ±¹
Vincent C, Neale G,
Woloshynowych M. Adverse events in British hospitals: preliminary
retrospective record review [published erratum in BMJ
2001;322: 1395]. BMJ 2001;322(7285):517-9.[Free
Full Text]
Many providers of health care services and their insurers
are particularly worried about growing medical malpractice. Through an
increasing case law, which seems to expand the liability of providers of
medical services, the price of insurance coverage for medical
malpractice has been rising dramatically in many European countries.
This tendency seems to be most apparent in Germany where the evolution
in case law towards increased medical malpractice liability does not
seem to have come to an end yet. Serious questions arise as a
consequence of the medical malpractice explosion in Germany and other
countries. One problem is that case law seems to require ever higher
standards of care, whereby it is uncertain whether in the public system
of provision of medical services (with limited budgets) these very high
standards of care can generally be complied with. The evolution towards
an expanding medical malpractice liability might give rise to a
situation whereby it is unclear whether the very high standard of care
required by the case law can be paid for through the health care system.
Hence, one can not avoid the fact that there are potentially serious
economic consequences in an increasingly rigorous medical malpractice
regime. The question arises whether politicians responsible for the
financing of the health care system, are aware of these economic
consequences. Obviously, in some cases the health care providers have
not even followed the minimum level of care that may be required from an
average doctor. This may be due to many causes. A lack of adequate
organisation in hospitals which are short of financial resources and a
high amount of stress for physicians may be among them and the impact of
these factors is often apparent in the case law.
These and other questions merit further research. This
project aims at examining the situation with respect to medical
malpractice in a number of European legal systems. The goal of the
research project undertaken is particularly to examine whether some
general tendencies can be found with respect to evolutions in medical
malpractice law and their economic effects.
Vol. 1: M. Faure/H. Koziol (eds.), Cases on Medical Malpractice in a
Comparative Perspective (2001), ISBN 3-211-83595-4
Vol. 2: W.V.H. Rogers (ed.), Damages for Non-Pecuniary Loss in a
Comparative Perspective (2001), ISBN 3-211-83602-0
Vol. 3: U. Magnus (ed.), The Impact of Social Security Law on Tort Law
(2003), ISBN 3-211-83795-7
Vol. 4: B.A. Koch/H. Koziol (eds.), Compensation for Personal Injury in a
Comparative Perspective (2002), ISBN 3-211-83791-4
Vol. 5: M. Faure (ed.), Deterrence, Insurability and Compensation in
Environmental Liability. Future Developments in the European Union (2003),
ISBN 3-211-83863-5
Vol. 6: T. Schobel, Der Ersatz frustrierter Aufwendungen. Vermögens- und
Nichtvermögensschaden im österreichischen und deutschen Recht (2002), ISBN
3-211-83877-5
Vol. 7: Jos Dute, Michael G. Faure & Helmut Koziol (eds.), Liability for
and Insurability of Biomedical Research with Human Subjects in a
Comparative Perspective (2004), ISBN 3-211-20098-3
Vol. 8: Jos Dute, Michael G. Faure & Helmut Koziol (eds.), No-Fault
Compensation in the Health Care Sector (2004), ISBN 3-211-20799-6
Vol. 9: W. van Boom, H. Koziol & Ch. A. Witting (eds.), Pure Economic Loss
(2004), ISBN 3-211-00514-5
Vol. 10: H. Koziol/J. Spier (eds.), Liber Amicorum Pierre Widmer (2003),
ISBN 3-211-83877-5
Vol. 11: B.A. Koch (ed.), Terrorism, Tort Law and Insurance (2004), ISBN
3-211-01867-0
Vol. 12: H. Koziol/W. Doralt (eds.), Abschlussprüfer. Haftung und
Versicherung (2004), ISBN 3-211-20800-3