Judgments

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 […]

Medical Information Forms – Conformities

Federal Supreme Court, Judgment of 02.09.2021 – III ZR 63/20 – Medical information forms are only subject to limited control under the law on general terms and conditions pursuant to § 307 para. 3 sentence 1 BGB. The Case The defendant is an association of ophthalmologists. It recommends the use of a patient information sheet […]

Medical Malpractice and Treatment Records

I am the victim of a medical malpractice case and the hospital does not want to hand the records over. What do I do now?  The concerned party in a medical malpractice case is entitled to be sent copies of the treatment records. Is it true? Let´s read a bit about it. Dresden Higher Regional […]

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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