A. Reschholeczke et al., LIABILITY OF RADIOLOGISTS ACCORDING TO GE RMAN-CIVIL-CODE LEGISLATION, RoFo. Fortschritte auf dem Gebiete der Rontgenstrahlen und der neuenbildgebenden Verfahren, 162(1), 1995, pp. 65-71
This study comprises 76 published judgments by German and Austrian civ
il courts between 1966 and 1993 concerning liability in the field of r
adiology. There has been a marked increase in the number of legal proc
eedings in the 1980's and even more so in the second half of this deca
de. This is due to an increased tendency to sue doctors without any le
gal cause in the hope of possible compensation. In 40.8% of the cases
the doctor was held liable and required to compensate the patient for
personal injury and suffering pain. Most of the cases were related to
complications during the examination procedure. The reason most freque
ntly cited by the courts for sentencing doctors was the fact that they
did not previously inform the patient adequately about the examinatio
n and its possible consequences.