The legal medical literature distinguishes three categories of medical malpractice based on the source of the violated duty of care: the error regarding the obligation to inform, the error regarding the obligation to organize, and the error regarding the obligation to conduct the medical endeavor diligently.

The author focuses on the error during the execution of the medical act in the context of this study. Specifically, the concept is delineated, and an attempt is made to systematically integrate it into the unique structure of the crimes of manslaughter through negligence and bodily harm through negligence as per §§ 222 and 229 of the German Penal Code.

The study aims to demonstrate the specific prerequisites that must be met for the criminal legal order to assign to the physician the blame for the inadequate fulfillment of their duties.