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    Die Rücknahme der ärztlichen Approbation und ihre Auswirkungen auf den Behandlungsvertrag

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    Author(s)
    Müller, Jann-Heinrich
    Collection
    AG Universitätsverlage
    Language
    German
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    Abstract
    It is rare for a physician to be disbarred; it is even rarer for the disbarment to have a retroactive effect back to the time of granting. The prerequisite for this effect is that the license to practice medicine should not have been granted in the first place, either because the requirements for the training of the future physician were not met or because character defects (unworthiness, unreliability) prevented the person concerned from working as a physician. Although practically rare, the revocation of a license to practice medicine is of particular academic interest because it ultimately results in the entire medical activity of the person affected being subsequently deprived of its legal basis. Strictly speaking, in consequence, each medical intervention becomes unlawful, thus (under certain circumstances) constituting a bodily injury under criminal law as well as giving rise to liability for damages under civil law. However, neither the criminal nor the civil law consequences of such retroactivity have yet been examined in a scientifically sound manner, even to a rudimentary degree. The present dissertation is intended to close this gap, at least in the area of civil law.
    URI
    https://library.oapen.org/handle/20.500.12657/52559
    Keywords
    revocation of a licence; liability; criminal law; civil law
    ISBN
    978-3-86395-520-5
    Publisher
    Universitätsverlag Göttingen
    Publication date and place
    2021
    Classification
    Law
    Rights
    http://creativecommons.org/licenses/by-sa/4.0/deed.de
    • Harvested from Göttingen

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    License

    • If not noted otherwise all contents are available under Attribution 4.0 International (CC BY 4.0)

    Credits

    • logo EU
    • This project received funding from the European Union's Horizon 2020 research and innovation programme under grant agreement No 683680, 810640, 871069 and 964352.

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