Kausalitätsbeurteilung nach Achillessehnenruptur

Abstract

The assessment of the causality of a ruptured Achilles tendon is even today still sustainably determined by the apodictic but inappropriate doctrine of "a healthy tendon does not tear". This does not take into account the now well-known eccentric load situation and the very often apparently inexplicable occurrence of tearing, accompanied by a lack of detailed knowledge on the course of events, is explained by the assumption of a preexisting excessive tendency to tearing of a tendon, without this being detectable. No other assessment technique is so strewn with errors as the assessment of ruptured tendons and particularly the Achilles tendon, with respect to consideration of proven medical scientific knowledge as well as the evidential prerequisites to be used. The jurisprudence has now clearly laid down the requirements for the individual stages of a correct assessment of causality, which must lead to the recognition of most Achilles tendon ruptures as the consequence of a certain event, as long as they are followed.