[Evaluation of eyeglasses in private accident insurance]. / Die Bewertung der Brille in der Privaten Unfallversicherung.

In a ruling issued on 27 April 1983 the Bundesgerichtshof (the supreme court of the Federal Republic of Germany) clarified the question as to the extent to which the need for spectacles has to be taken into consideration in private accident insurance. Spectacles are not a prosthesis; the diminution of usability is assessed according to the wearer's visual acuity with correction; the need for spectacles has to be taken into account when determining the diminution of usability (as a pre-existent infirmity or as an injury caused by an accident). Concerning the premium surcharges and rebates demanded, which were not laid down by the BGH, the authors, continuing earlier discussions with a team from the German association of private accident insurers, came to the following agreements, which are recommended for general use: lower and medium grades of correction up to +10 D and -13 D (in cylindrical glasses in the meridian with higher refraction) are to be assessed as a 3% disablement; where the degree of correction is higher, i.e., more than +10 D and -13 D, the degree of disablement is assessed at 5%.

[Assessment of eye damage for private accident insurance]. / Die Bewertung von Augenschäden in der privaten Unfallversicherung.

Together with a team from the HUK association (an association of liability, accident, transport and legal protection insurance-companies) the authors discussed a new assessment table for diminution of vision and have recommended its use by private accident insurance companies. The table was worked out on the basis of guidelines issued by the Deutsche Ophthalmologische Gesellschaft in 1981. In cases of bilateral eye damage the total extent of the disability - based on the specific diminution of usability of each eye - should be calculated according to the conditions of the insurance companies and not by a medical expert. Further proposals for the assessment of visual field defects and other kinds of eye damage covered by private accident insurance were also brought into line with the recommendations issued by the Deutsche Ophthalmologische Gesellschaft in 1981.

[Improvement of vision in consequence of A. ophthalmica Ligature. Contribution to therapy of arteritis temporalis and disturbances at ocular blood supply (author's translation)]. / Visusbesserung infolge Arteria-ophthalmica-Ligatur. Beitrag zur Therapie der Arteriitis temporalis und okularer Durchblutungsstörungen.

Under certain conditions the blood flow in the ophthalmic artery can be reversed. This was proved radiologically and clinically in a patient suffering from a fistula of the cavernous sinus. The ophthalmic artery is an essential part of the circulus arteriosus. Ligature on the arteria temporalis superficialis has even positive results on the treatment of retinal ischaemia. From this, one can derive the conclusions for the theory of treatment of temporal arteritis.

[The obligation of doctors to give information to their patients as laid down in the German Civil Code (author's transl)]. / Die Aufklärungspflicht im Rahmen des Grundgesetzes.

The patient's right to information is based on art. 2 of the "Grundgesetz;;. So far it can thus only be judged as a constitutional right. Information to patients is not a question of simple right. The "Bundesverfassungsgericht" has come to this decision and outlined the extent of the information to be made available, pointing out that information made available to patients should serve to enable them to reach their own decisions and not assist them in legal proceedings.

[Liability of the medical expert (author's transl)]. / Haftung des Gutachters?

The medical expert is not the guarantor of the individual he has examined and thus cannot be held liable for overlooking facts which are irrelevant as far as the fulfillment of his brief is concerned. In a verdict of the Bundesverfassungsgericht (Federal German Constitutional Court; Art. 3, Art. 14 GG) the extent of the expert's liability in cases where basic laws have been infringed is indicated: he has to bear a portion of the responsibility for the verdict.

[Legal obligations concerning medical records (author's transl)]. / Krankenunterlagenherausgabe und Dokumentationspflicht.

According to a recent verdict of the German Federal High Court, physicians are obliged to keep records. In civil lawsuits, however, there is no obligation to hand over medical records, although the patient or his representative may be entitled to examine them.