Law and ethics of deep brain stimulation.

Deep brain stimulation (DBS) is a non-destructive, adjustable, and mainly reversible method of continuously giving electrical impulses into a small area of the brain via implanted electrodes. It has been established as a standard form of treatment for specific cases of Parkinson's disease, essential tremor and dystonia. It is currently being evaluated for several mental disorders, dementia and even alcoholism. In spite of its growing practical importance, the legal issues have so far undergone almost no analysis. The article outlines both the essential legal questions of DBS from the perspective of German Law as well as major issues of the current ethical debate, and the correlation of both fields.

[Dealing with bottlenecks in health care: legal implications]. / Engpässe medizinischer Versorgung--Rechtliche Implikationen.

Scarcity in the German health care system leads to an implicit allocation of means and also implies a risk of liability for physicians. Prioritisation can contribute to the solution of these problems and ascertain an equitable allocation of scarce resources. However, the criteria that will be applied to establish a ranking order will have to be thoroughly considered, particularly in light of the constitutional law, and there is still a multitude of unresolved questions seeking an answer. This requires an open political discourse about society and health care.

[Basic principles and developments of organisational responsibility]. / Grundlagen und Entwicklungen des Organisationsverschuldens.

The obligation to establish and maintain proper organisational structures of clinical activity is gaining more and more significance in everyday hospital routine. It pertains to the general requirements for providing medical care and establishes a legal framework. Diagnosis, therapy and follow-up care must be organised in such a way that all avoidable hazards to the patient are precluded. Settlement of claims focuses on hospital owners.