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The paper explores the relationship between clinical guidelines and medical liability. In order to ascertain the standard of care required for example in ear surgery, courts rely on expert opinions and on existing clinical guidelines from medical societies. They assume that clinical guidelines express the reasonable standard of care that, when followed,… (More)
This article highlights recent developments in health law in Switzerland. It covers statutory developments in health care insurance, sterilisation and genetic testing, and cases, one dealing with the reimbursement of medicines and another one on the limitation of the number of physicians reimbursed by the compulsory scheme of health insurance.
Reducing the number of preventable adverse events has become a public health issue. The paper discusses in which ways the law can contribute to that goal, especially by encouraging a culture of safety among healthcare professionals. It assesses the need or the usefulness to pass so-called disclosure laws and apology laws, to adopt mandatory but strictly… (More)