Walder Wyss (Switzerland)

Division of Physicians' Day-To-Day Work - Basic Principles of Legal Requirements for Interdisciplinary and Interprofessional Medical Cooperation Abstract. Insofar as a personal medical performance is not indicated as a result of an explicit special statutory conditional task or a strictly personal specialist activity is required due to compliance with the boundaries of the specialist area, tasks outside the medical core area may be transferred to appropriately qualified medical or non-medical specialists. Furthermore, the patients shall be informed about the transfer of tasks and such transfer must be avoided if an explicit doctor-related consent has been obtained. The guarantee of treatment in accordance with the relevant specialist standard, which is always required, also presupposes that the parties involved comply with a whole range of different duties of care. In constellations in which the requirements described are not complied with, a ban on delegation is to be assumed in principle. Within its scope of application, it is not possible to invoke the principle of trust, and a treatment error is to be assumed if a delegation of tasks nevertheless takes place.