Änderungen schadensersatzrechtlicher Vorschriften, insbesondere Änderungen der Schmerzensgeldregelung

Abstract

German indemnity legislation has been amended effective 1st August 2002. In accordance with this amendment, payment of monetary compensation for injuries suffered has now been extended to claims arising from contract although it had formerly been legally restricted to penal offences, delicts or in minor cases to misdemeanour. However, such compensation or solatium (if at all appropriate) will apply only if the damage is more than consequential. If it is inconsequential, i. e. valued at less than 500 Euros, no compensation will be granted. On the whole, this reshaped legislation lessens the burden of responsibility shouldered to date by hospitals and doctors.

Key words

Second amendment to the German law regulating indemnity and compensation - payment of compensation for injuries suffered - liability for damage caused by international and/or negligent acts - absolute liability - claims arising from contractual agreements - claims arising from penal offences, delicts or misdemeanour - minor injuries - legal justification argumentation or defence argumentation in the sense covered by paragraph 831 of the German Civil Code - quality control and management