Weissauer W
Z Arztl Fortbild (Jena). 1995 Nov;89(6):613-20.
Within the bounds of the hospitalization contract and the department's work, the hospital management is liable for compensation for its own as well as its staff's culpable faults (liability of the accomplices) by contract and by offense. For the same damage, subordinate and senior physicians are liable by offense for malpractice and organization faults. To the outside, the hospital management and the medical staff are common debtors. To the inside, the hospital management bears the consequences by itself in case of a light negligence of a staff member, the damage is divided for medium negligence, and the staff member has to bear it alone after severe negligence. Beside the hospital, the physician with an authorization for billing is the contract partner of the patient with private treatment (physician side-contract). In a general practitioner hospital, the contract partner of the patient is only the general practitioner (divided hospitalization contract) and for work with outside-patients as a sideline the physician with an authorization for billing. Usually, the hospital management insures itself and all staff members for claims on compensation occurring during hospital tasks.
在住院合同和科室工作范围内，医院管理部门对自身及其工作人员的过错（共同责任）承担合同和侵权赔偿责任。对于同一损害，下级和上级医生对医疗事故和组织失误承担侵权责任。对外，医院管理部门和医务人员是共同债务人。对内，工作人员轻微过失时，医院管理部门自行承担后果；中等过失时，损害分担；严重过失时，工作人员独自承担。除医院外，有计费授权的医生是接受私人治疗患者的合同伙伴（医生附带合同）。在全科医院，患者的合同伙伴仅为全科医生（分段住院合同），对于作为副业的门诊工作，有计费授权的医生是合同伙伴。通常，医院管理部门为自身及所有工作人员在医院工作期间发生的赔偿索赔进行投保。
