Medical Responsibility in Western Europe Research Study of the Europ
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Professor Dr. jur. Erwin Deutsch Professor Dr. jur. Hans-Ludwig Schreiber Direktoren der Forschungsstelle fUr Arzt- und Arzneimittelrecht des juristischen Seminars der UniversiHit G6ttingen Nikolausberger Weg 9 a 0-3400 G6ttingen (West Germany)
ISBN-I 3: 978-3-642-70451-2 DOl: 10.1007/978-3-642-70449-9
e-ISBN-13: 978-3-642-70449-9
Library of Congress Cataloging in Publication Data. Main entry under title: Medical responsibility in Western Europe. 1. Medical personnel - Malpractice - Europe. 2. Insurance, Physicians'liability - Europe. I. Deutsch, E. (Erwin) II. Schreiber, Hans·Ludwig. III. Blackie, J. (John) IV. European Science Foundation. [DNLM. 1. Insurance, Liability - Europe - legislation. 2. Legislation, Medical - Europe. 3. Malpractice - Europe - legislation. W 33 GAl M4) LAW This work is subject of copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illustrations, broadcasting, reproduction by photocopying machine or similar means, and storage in data banks. Under § 54 of the German Copyright Law where copies are made for other than private use a fee is payable to 'Verwertungsgesellschaft Wort', Munich. © by Springer-Verlag Berlin Heidelberg 1985 Softcover reprint of the hardcover 15t edition 1985 The use of registered names, trademarks, etc. in the publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. 2119/3140-543210
Foreword
This volume presents to the international world of learning the first fruits of a project launched by the European Science Foundation (ESF) in 1977. Tribute should be paid to the late Professor Aleck Chloros, Judge in the Court of the European Community, whose belief in the European ideal and enthusiasm for European co9peration and the comparative study oflegal problems made him an eloquent advocate of a large-scale ESF venture into the field of comparative law. Judge Chloros had envisaged the creation of a permanent, sizable and well-equipped European institute for comparative legal studies. The successive working parties convoked by the Executive Council of the ESF, which I had the honour of heading from the beginning, came to the conclusion that this ambitious vision could not be realized immediately; the financial situation of the member organizations of the ESF also deteriorated, making a cautious approach a necessary virtue. The solution ultimately adopted by the last of the working parties - the Ad Hoc Committee for Comparative Law - and submitted to the General Assembly of the ESF in 1979 called for the launching of four pilot projects. In November 1980, the Assembly approved detailed plans for two of these projects, the first of which concerned medical responsibility - the subject of this volume. A Steering Committee was set up to monitor the projects. The organisation of the study was entruste
