Schalast | Medical liability law

Nearly every doctor faces allegations of treatment and/or information errors at some point in their professional career. Central to these accusations is whether the treatment administered was correct (“lege artis”) according to the specialist standard at the time and whether the information was provided “for all intents and purposes”. The often years-long proceedings are highly challenging for everyone involved. Emerging treatment methods that incorporate robotics or Artificial Intelligence (AI) introduce additional liability concerns. Hospitals are increasingly encountering allegations of supposed hygiene errors, leading to charges of organisational negligence.

This underscores the significance of having a legal advisor and counsellor who possesses extensive experience, alongside a keen insight into and understanding of the medical and legal nuances specific to this field.

We offer advice and representation to doctors, hospital operators, ambulance service providers, psychiatric hospital operators, dentists, medical care centres and care facility operators in all matters related to medical malpractice and hospital liability. Our services extend to both litigation and non-litigation scenarios, as well as providing assistance in criminal law during any investigatory proceedings.


      • Are doctors and hospital operators liable for the malfunction of a medical device?
      • How can triage in an emergency department be organised to comply with legal standards? For instance, is it permissible to refer a patient who has already arrived at the emergency department to the on-call medical service without consulting a doctor?
      • What legal nuances should be taken into account regarding the liability of emergency doctors and rescue service personnel – who is liable for whom?
      • In the context of robotics and AI in medical treatment, who bears liability for a malfunctioning AI or robot?
      • What peculiarities in liability law need to be considered in cases of hospital-acquired infections?