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2017 Annual Report - spring report No. 10 "Legislation required to ensure that panel physicians carry adequate third party liability insurance for treatment errors”

Not all physicians carry adequate medical malpractice insurance. As a result, insured persons and their health insurance funds may be unable to make compensation claims in case of treatment errors or may obtain partial compensation only.
Apr 24, 2018

While the federal states’ legislation governing the medical profession and the professional codes of the medical associations require physicians to carry third party liability insurance in respect of their professional activities, proof of such insurance cover needs to be submitted in isolated cases only on request. There are no provisions for verifying that insurance cover is being maintained.

We therefore recommended that permanent insurance cover should be made a condition for letting physicians provide medical services under the statutory health insurance scheme (panel physicians). This may be prescribed by federal social security legislation without interfering with the mandate of the federal states to legislate on the medical profession.

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