Pribilla O
Dtsch Zahnarztl Z. 1980 Feb;35(2):172-5.
The responsibility or providing medical care is not a lex special for the dentist because he is more qualified to offer assistance due to his status as a licensed dentist and his specialized knowledge. This involves several obligations. He must be personally convinced of the diagnosis and the necessity of treatment. he therefore cannot rely on information from assistants or laypersons. By extending temporal and spatial claims to the concept of accident in the medical area, the decisions of the Federal High Court have tended to develop 330 c StGB to a certain extent as a collective offense for those cases where malpractice cannot be demonstrated.
提供医疗护理的责任并非牙医的专属领域,因为由于其持牌牙医的身份和专业知识,他更有资格提供帮助。这涉及多项义务。他必须亲自确信诊断结果和治疗的必要性。因此,他不能依赖助手或外行提供的信息。通过将时间和空间上的主张扩展到医疗领域的事故概念,联邦高等法院的判决在一定程度上倾向于将《德国刑法典》第330条c款发展为针对那些无法证明存在医疗失误的案件的集体犯罪。