Sars-Cov-2 vaccination: when are doctors really liable?


fact finder

Status: 11/10/2021 3:29 p.m.

A “liability notice” is intended to encourage doctors and decision-makers to “rethink the unspeakable vaccination craze”. The statements in the letter are as questionable as its source.

By Wulf Rohwedder, editor of the ARD fact finder

For months, protagonists from the corona denier scene have been trying to intimidate doctors so that they do not vaccinate against the SARS-Cov 2 virus. In addition to threats, insults and denunciations, supposedly legal reports are also sent out to prove that the doctors can be made liable for any vaccine damage.

Now the “Doctors and Scientists for Health, Freedom and Democracy” (MWGFD) have asked to send a letter designed by the association to doctors and heads of health authorities, schools and communities as well as political decision-makers. The letter, which is not signed by name, bears the subject line “Liability notice sent to you personally”.

Legally wrong – more than questionable in terms of content

Even the term is nonsensical – because “Liability notices“can only be issued by tax offices to tax debtors. The pamphlet goes on to say:” With this letter we would like to remind you that you can be held personally liable for vaccine damage if you administer one of the gene-based COVID-19 vaccines to your patients . “

A source for this is not named – for good reason, because this liability is strictly limited by law: With the Second Act to amend the Infection Protection Act, clarifiedthat there is a nationwide right to compensation for all health damage that occurs in connection with corona vaccinations. The state pays medical and medical treatment and possibly a pension.

Doctors only liable for medical malpractice

However, this does not mean that doctors are excluded from liability in every case: If, for example, they dose the vaccine incorrectly, mix it up or overlook the risks caused by a previous illness, they can be held responsible for it – as with any other medical error will.

The German Association of General Practitioners therefore advises its membersto adhere to the recommendations of the Standing Vaccination Commission (STIKO), which are considered to be a specialist standard. Furthermore, they should inform the patient comprehensively about all risks and side effects before vaccination and have their consent to the vaccination confirmed in writing, if possible.

Notorious for misinformation

The association’s letter continues to claim that the vaccines are unnecessary, ineffective and dangerous. For the most part, non-peer-reviewed studies or even anonymous sources are cited as alleged evidence. The MWGFD had already attracted attention several times due to incorrect information, most recently as the financier of a study that had already been withdrawn from the publishing journal as a research letter due to massive methodological and content-related errors.

Just a few months after it was founded, the non-profit status of the association was withdrawn because it does not promote its statutory purposes and also pursues originally political purposes – a decision recently made by the Federal Fiscal Court has been confirmed.

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