Medical liability

Medical liability arises when patients suffer harm through diagnosis, treatment, aftercare or inadequate information. In Switzerland, the legal basis depends on the provider: private physicians and clinics are often assessed under contract and tort principles, while public hospitals may fall under cantonal state liability rules. Key questions are whether the medical standard of care was breached, whether informed consent was valid, and whether the breach caused the damage. Expert evidence is usually central. Not every adverse outcome creates liability; medicine involves recognized risks.