Care responsibilities of the surgeon in the jurisdiction of the federal court

Concerning his civil liability the surgeon's duty of care is determined by standards established in the first place by medicine. Jurisdiction has only control function. This task has to bring in line the protection of the patient's health from poor quality of medical treatment and "overtreatment" with the necessity and risks of specialisation and work sharing. The legal demands must not provoke overdiagnostics and defensive medicine themselves; in a limited manner they have to leave the choice of methods to the surgeon's authority.