Hospital Law

Triage: what is it?

Decision of the Federal Constitutional Court of the 16th of December 2021 In its decision of 16 December 2021, the Federal Constitutional Court ruled that in certain constellations of pronounced need for protection, the state has a duty to effectively protect people from discrimination on the grounds of their disability, including by third parties. The […]

Before, after, throughout the operation: the time for the explanatory information

Before, after, throughout the operation: the time for the explanatory information When is it the right time for you practitioner to let you know about all the risks and possibilities you are going through during your operation? Let’s have a look at this court case together:  in this case the “doctor’s explanatory talk” took place […]

Corona Rules and Visitation Rights: The Tribunal Decision

During the pandemic the visitation rights in the hospital have strictly been restricted: is this however legally acceptable?  Let’s have a look at the case of the Leverkusen Local Court, Order of 30.05.2022 – 26 C 190/22 – The son of terminally ill patient granted access to the hospital despite hospital’s Corona rules stated the contrary […]

Therapeutic Products Advertising – Legal Framework in Germany

Are you a therapeutic products developer? Or a therapeutic products user? In Germany, there are many rules that shall be taken into consideration before putting a therapeutic product on the markt. Let’s talk about advertising. How do you think that advertising should take place? The Therapeutic Products Advertising Act (Heilmittelwerbegesetz, HWG), along with the Unfair […]

Complaint about medical treatment

Patients who feel they have been treated badly or incorrectly, or who assume that their doctor has violated medical obligations, have the right to complain.  What should be taken into account? Reasons for a complaint can be: lack of information by the doctor treatment errors inadequate medical care violation of the duties of a doctor […]

Sick Leave without having been seen by a doctor: German´s trend or trash?

Sick Leave without having been seen by a doctor: German´s trend or trash? Advertising sick leave without a doctor’s visit – Hamburg Higher Regional Court, Judgment of 05.11.2020 – 5 U 175/19 In the context of an advertised business model, doctors shall issue without a specific visit and with the help of an internet questionnaire […]

Birth Injuries & Compensation

OLG Oldenburg, Judgment of 13.11.2019 – 5 U 108/18 500,000 euros compensation for pain and suffering for birth injury after confusion of heartbeat In its judgment of 13 November 2019 (case number 5 U 108/18), the 5th civil senate of the OLG Oldenburg awarded 500,000 euros in damages for pain and suffering to a now […]

Patient “pre-determination act” by treatment agreement

(Private) Surgery without insurance authorization: right of reimbursement?   Federal Social Court, judgement of 27.10.2020 – B 1 KR 3/20 R What happens if a person insured under the statutory health insurance scheme decide to proceed with a requested service herself before the decision period of the health insurance fund has expired? In this real case, […]

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