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Medical Malpractice Law, Medical Malpractice Liability Law, Doctors' Contractual Law, Hospital Legislation, Health Insurance Law, Physician Law, Pharmaceutical Law, Medical Devices Law, Pharmacy law, Nursing Care Insurance law, Corporate Law/ Professional Law/ Remuneration Law for Service Providers

Medical law news

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 […]

Medical malpractice liability

Medical malpractice liability is an important focus of medical law, in which the liability relationship between doctor and patient is regulated. A doctor is responsible to his patient. As soon as a doctor treats a patient, a treatment contract is automatically created. This contract of service does not require a certain success – such as […]

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 […]

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 […]

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 […]

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, […]

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 […]

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