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Abstract
The article presents the concept of misdiagnosis or malpractice to practising pathologists from amedical and legal perspective and highlights similarities and differences in this respect. In particular, the risk of criminal liability for pathologists in the context of their practice activities is addressed and the relationship between the legal judgements of criminal, civil and professional law is examined in more detail. Due to the lack of an existing reversal of the burden of proof in criminal law, the constellation may arise in practice that atreatment error under civil law is assumed. However, such aqualification does not necessarily lead to acriminal accusation. Furthermore, the field of professional law, which is often pushed into the background for practising lawyers, is also emphasised. Criminal sanctions often hit apractitioner less severely than, for example, the withdrawal of alicence to practise under professional law. Close dovetailing of criminal, civil and professional law advice is essential in this respect. Pathologists are also given tips on how to behave based on many years of criminal defence practice in order to enable an adequate defence at an early stage in the event of aconfrontation with criminal charges.
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