[Civil law liability for endoscopic accidents in jurisprudence].

Tort liability in medicine is tort liability in profession whatsoever, besides regarding the special relation between the doctor and his patient as well as the unavoidable risk of failure in medical treatment. Recovery only will be granted in case of iatrogen risks. There are only a few decisions, published or otherwise known to the author, referring to damages caused by endoscopy. Away others they deal with deficient information, such as pain during diagnostic measures, risk of perforation and causing a pancreatitis by ERCP. Furtheron there are stated mistakes in medical treatment because endoscopic explorations though necessary were not done, in two cases because liver-biopsy injured other organs, and in one case because the doctor didn't instruct and supervise his medical assistant who was allowed to stomach-lavage. In the future the question must be answered, whether methods of exploration reducing risks and annoyances should be preferred. There must be information about possible alternative treatment to the patient. If thuch alternative less harmful will not be chosed, this might be regarded as a mistake. Apploying new medico-technical machines and methods will influence the due standard of medical treatment, but there will be economic and ethical limits, which have to be defined both by medicine and law.