Medical malpractice and risk management in the AOK Institute for Medical Damages

According to § 135a of the German Book of Social Statutes (GBSS) care providers are held responsible for the safety and further development of the services they provide. The services must conform to the state-of-the-art of scientific knowledge and be delivered with the necessary expert quality. This legal formulation corresponds to the justified expectations of patients and cost bearers. According to § 76 of the GBSS the health insurers are obliged to support those insured with them in claims of compensation for the consequences of medical malpractice. Also according to § 76 of the GBSS IV and § 116 GSBS X, the health insurance companies are obliged to recover damages of the community of policy holders from the originator of the medical malpractice according to the norms set down in the law of obligation. This contribution is intended to make information available on the background and procedures for investigating and judging cases of potential medical malpractice carried out at the AOK Institute for Medical Damages. © 2006 Springer Medizin Verlag.