[Medical history studies on the problem of medical malpractice and medical liability. A 19th century medical law regulating medical liability questions].
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The application of different ways of thinking - that is to say the juridical, human scientific evaluating and the medical, natural scientific establishing - next to each other can direct to difficultics and divergencies in the reply of expert questions in medical liability proceedings, although each way of thinking attains to correct and practicable results. Relative to the medical expert this presums on the one hand a distinct degree of juridical mentality and necessitates on the other hand a medical mind and scrutiny of the factual situation coordinated to the juridical train of thoughts and terms. A particular importance is due herein to the knowledge of the principles and directions of the burden of proof within the rules of criminal and civil procedure. Starting from the legal handling the forms observing are explained in detail and illustrated by means of competent laws and court findings. Therewith an estimation of the medical state of affairs should be rendered possible for the medical expert adequate coordinated to the juridical terms.
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Economic pressures, awareness that physicians can be sued, improved medical care, and increased patient expectations have led to the skyrocketing liability insurance costs physicians face today. In the early days when the doctor could offer hope but little medicine, patients were not inclined to sue for medical "failures." But with the Great Depression, World War II, more recent medical advances changed the patient-physician relationship. Patients had gained the expertise of specialists, but often lost the personal relationship they once shared with their primary physician. Thus, when treatments were unsuccessful, the patient often-times blamed the physician. Insurance premiums (and patient costs) increased, while patients became even more aware that physicians were covered by insurance. This article reviews key economic, medical, and social events that led to the present medical liability insurance crisis.
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