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<p>The article presents the concept of misdiagnosis or malpractice to practising pathologists from a&#xa0;medical and legal perspective and highlights similarities and differences in this respect. In particular, the risk of criminal liability for pathologists in the context of their practice activities is addressed and the relationship between the legal judgements of criminal, civil and professional law is examined in more detail. Due to the lack of an existing reversal of the burden of proof in criminal law, the constellation may arise in practice that a&#xa0;treatment error under civil law is assumed. However, such a&#xa0;qualification does not necessarily lead to a&#xa0;criminal accusation. Furthermore, the field of professional law, which is often pushed into the background for practising lawyers, is also emphasised. Criminal sanctions often hit a&#xa0;practitioner less severely than, for example, the withdrawal of a&#xa0;licence to practise under professional law. Close dovetailing of criminal, civil and professional law advice is essential in this respect. Pathologists are also given tips on how to behave based on many years of criminal defence practice in order to enable an adequate defence at an early stage in the event of a&#xa0;confrontation with criminal charges.</p>

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Risikofeld „Fehldiagnose“ – Strafbarkeitsrisiken und Verhaltenstipps in der pathologischen Praxis

  • 期刊论文

  • 发表日期：

    2025年2月3日

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  • Vincent Burgert

摘要

The article presents the concept of misdiagnosis or malpractice to practising pathologists from a medical and legal perspective and highlights similarities and differences in this respect. In particular, the risk of criminal liability for pathologists in the context of their practice activities is addressed and the relationship between the legal judgements of criminal, civil and professional law is examined in more detail. Due to the lack of an existing reversal of the burden of proof in criminal law, the constellation may arise in practice that a treatment error under civil law is assumed. However, such a qualification does not necessarily lead to a criminal accusation. Furthermore, the field of professional law, which is often pushed into the background for practising lawyers, is also emphasised. Criminal sanctions often hit a practitioner less severely than, for example, the withdrawal of a licence to practise under professional law. Close dovetailing of criminal, civil and professional law advice is essential in this respect. Pathologists are also given tips on how to behave based on many years of criminal defence practice in order to enable an adequate defence at an early stage in the event of a confrontation with criminal charges.