[The so-called specialist standard from the viewpoint of the legal consultant].

According to the jurisdiction of the German court of justice, the standard of an experienced specialist has to be guaranteed always even during surgical procedures undertaken by a non-specialist or by a medical beginner. Furthermore, the court of justice has the view that a medical beginner has to be assisted always by a specialist for guidance and supervision. An older and experienced resident may not have the necessary authority. Especially the sentence of the court of justice from March 10, 1992 raised criticism in medical and medical-legal circles. This article deals with this jurisdiction and attempts to demonstrate that and why the actual present knowledge and experience should be made available.