Prozessuale Fragen der Arzthaftung

This article deals with procedural questions concerning the issue of medical liability. The author introduces the subject by presenting the procedural consequences due to the factual complexity of physician liability processes. After an overview of extrajudicial litigation before mediation agencies and expert commissions the author focuses on the issue of judicial litigation beginning with the place of jurisdiction followed by an examination of the current discussion on the number of subject matters of the proceedings in medical liability processes. The article continues with the onus of presentation concerning the legal facts and the law of proof explaining the independent proceeding for the taking of evidence and the important role of the medical expert, especially the apprehension of bias. The last part attends to the burden of proof and its forms of relief and reversal developed by the jurisprudence and recently regulated by law.