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Full-Text Articles in Comparative and Foreign Law
Medical Malpractice And Compensation In Germany, Marc S. Stauch
Medical Malpractice And Compensation In Germany, Marc S. Stauch
Chicago-Kent Law Review
This paper offers an overview of the rules under German law for securing accountability and redress in cases of medical injury. It is divided into three main parts. Part I looks at the various legal consequences that may apply in such circumstances, including criminal and professional liability of the doctor, the bases for a private law claim by the patient, and the existence of pockets of non-fault based liability for injury from medical products. Part II then considers in greater detail the elements to be satisfied in respect to the two key forms of private law malpractice claim, namely faulty …
Silent Lay Judges—Why Their Influence In The Community Falls Short Of Expectations, Stefan Machura
Silent Lay Judges—Why Their Influence In The Community Falls Short Of Expectations, Stefan Machura
Chicago-Kent Law Review
Lay judges in Germany serving at mixed courts are ascribed an "education function," and they should communicate their experience. Data from surveys of German lay assessors are used to investigate this claim. The results are likely to apply to other countries which employ mixed courts. While many lay judges talk about their experience with their families—partly to ease their minds—they are more reluctant to tell colleagues and friends. For a start, many lay judges are no longer part of the work force because they are older in age, and therefore, have a limited number of contacts. Lay judges serving at …