'The Implantation Contract. On the Warranty Liability of the Treating Party under Sales Law for
Defective Implants': If a defective implant (e.g. pacemaker) has been inserted in a patient
the costs of replacement (new implant and revision surgery) are by now usually borne by the
health insurance companies. This ignores the fact that the implantation contract is not merely
a treatment contract but also contains an element of sales law. Patients or their (statutory)
health insurance companies therefore have a claim of redress by repair or replacement against
the hospital acting as the ¿seller¿ of the implant.
