Liability legal perspectives of new medical products

Background. When dealing with new medical products physicians are confronted with a liability legal scenario which is not always simple and transparent as to which aspects of competition, data protection, professional and social laws should be considered. Liability law. Possible claims can be based on civil, criminal, social or even administrative law. Liability risks can arise from the acquisition, maintenance, application or surveillance of medical products whereby not only the treating physician can be prosecuted but also other indirectly involved persons or organizations. In addition to errors in treatment and informed consent, organizational liability of each institution involved is also of importance. New examination and treatment methods. The use of new examination and treatment methods holds further liability legal risks. According to the Federal Supreme Court the expected advantages of new methods and the probable and possible disadvantages of standard treatment must be compared and contrasted. The health of patients is of particular importance here. Under these aspects in-house developments by physicians and hospitals are seen as being particularly critical areas because in this case physicians are not only liable as responsible physicians but also as manufacturer of a product, with corresponding liability legal consequences.