[Conflict situations in a hospital in the case of a civil lawsuit].

In the case of possible malpractice the physician is threatened with various legal proceedings. These may range from civil lawsuits including out-of-court settlement, independent evidential procedures (sections 485 et seqq.), criminal litigation and proceedings at the labour court to the withdrawal of the registration as a panel doctor. The annual number of civil lawsuits for damages, pain and suffering is estimated as approximately 10,000. In 35% of all cases expert commissions decide on malpractice; 85% are settled out of court so that 15% of cases proceed with litigation in a civil court. Of special importance to the physician sued in malpractice litigation is his pre-trial strategy. The present paper names the most important basic rules. The physician's failure to comply with these rules may result in severe penalties including the loss of malpractice insurance.