International malpractice law

• Published in: Zeitschrift für ärztliche Fortbildung und Qualitätssicherung Vol. 95; no. 9; p. 615
• Main Author: Stellpflug, M H
• Format: Journal Article
• Language: German
• Published: Germany 01-10-2001
• Subjects: Germany; Humans; International Cooperation; Malpractice - legislation & jurisprudence; Patient Rights; Quality Control; Telemedicine - standards; Germany
• ISSN: 1431-7621

According to German Civil Law the liability of a physician in telemedicine can be based on the breach of contractual duties or tort. In telemedicine doctor and patient are separated by distance. In the case of cross border telemedicine Medical Malpractice Law becomes an international issue with many new questions arising. The rules and regulations of "private international law" determine which law has to be applied. The German private international law allows the patient to choose either the law of the state in which the doctor acts or that state in which the therapeutical damage is being suffered. Another important question arises in determining the jurisdiction (of a court). The European agreements give the patient the right to choose. A "choice of jurisdiction clause" or a "choice of law clause" can help to decide with binding force which law and what jurisdiction has to be applied. However, various regulations concerned with consumer protection restrict the permission of such agreements.