Anyone who provides care bears responsibility – legally too. This course (approx. 12 teaching units of 45 minutes each) makes liability understandable without stirring up fear: in 12 modules it shows where the duty of care comes from (the treatment contract under § 630a ff. of the German Civil Code (BGB) or the care contract under the Housing and Care Contracts Act (WBVG) or § 120 Social Code Book XI (SGB XI), the guarantor position (Garantenstellung)), when a breach of duty becomes relevant for liability (negligence, causation, damage) and how to protect yourself professionally (national expert standards, delegation of medically ordered tasks with responsibility for the instruction and responsibility for carrying it out, remonstration (Remonstration) – formally raising concerns – when you are overstretched, documentation as evidence). Dedicated modules cover criminal law in everyday care (bodily harm, failure to render assistance), freedom-restricting measures and the organisational fault (Organisationsverschulden) of provider organisations (Träger). Each module offers learning objectives, a well-founded learning text, an in-depth section, a case study and a transfer-to-practice exercise. At the end: self-reflection, checklists and confirmation of participation. The course does not replace legal advice, but provides professionally sound orientation.
Course objectives:
- Reliably distinguish between civil, criminal and employment-law liability
- Understand the guarantor position and the standard of care in nursing
- Classify negligence, causation and damage as requirements for liability
- Handle delegation correctly, with responsibility for the instruction and responsibility for carrying it out
- Recognise liability for taking on a task beyond one’s competence (Übernahmeverschulden) and remonstrate in a legally sound way
- Classify freedom-restricting measures correctly from a legal and professional perspective
Self-study without supervision, assignments or assessment of learning progress by instructors; the voluntary self-reflection is for your own orientation only. Your confirmation of participation becomes available once you have marked all modules as done yourself.
Scope: 12 modules of about 45 minutes each (approx. 12 teaching units of 45 minutes each, about 9 hours).