Tribunal Decision – BWLH Reviews

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 […]

Alternative Practitioners Medical Law in Germany – A decision of the OLG Munich

As you may already know Germany is famous for its numerous legally recognized alternative, naturopathic practitioner. According to a representation of the Federal Statistical Office there were 43.000 practitioners in Germany in 2015. The “Heilpraktiker” profession as defined by German law does not exist in any other EU member state. Only Sweden, Denmark and some […]

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, […]

Pandemic tribunal decisions

2020: How coughing in public could become a problem A lot of things have changed in time of a pandemic. The old times, where people where running around without giving enough space, without masks or hand sanitizer are somehow belonging to our old memories. We are in the middle of a pandemic, the way of […]

Competition Rules

Frankfurt am Main Higher Regional Court (Case No. 6 U 219/19) We all know the trick and it has happened to all of us at least once in a lifetime. You see an advertising and you absolutely fall in love with the product or service… you run to the next shopping center and buy it. […]

No Vaccination – No Day Care Center for Kids

Kids and vaccination. This is a really well-known problem that all kindergarten, nursery school or day care center have to deal with nowadays. The number of people against vaccination is increasing more and more – even more now, while we are also dealing with the corona pandemic. The Case: A day nursery refused to admit […]

Outpatients and Inpatients in need of patience

The priority of outpatient treatment over inpatient treatment, which is regulated for statutory health insurance companies in § 39 (1) sentence 2 SGB V, is always a topic of discussion in Germany… moreover If this applies to private health insurance companies! It is no news that insurance companies often have problems with the assumption of […]

Room in a Retirement Home: Rights and Bites

It is difficult to think about it, but it comes a time, when it is the only imaginable solution, to start searching for a place in a retirement home – whether for themselves or for older relatives. The expectation of being “kicked out” of the retirement home is not exactly what is generally been thought […]

Medical License Withdrawn due to Criminal Offences

Yes, you hear that right: also doctors could commit a crime! This is the case of a practitioner that got his medical license withdrawn for unworthiness due to criminal offences. Let’s have a closer look at the decision 19.05.2020 (Administrative Court of Munich 21 E.G. 16,540). The Case The case in question concerned a doctor […]

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