A treatment contract comes into being as soon as the behaviour between doctor and patient is implied. The contract, so to speak, inevitably arises from the situation.
Conclusive behaviour means conclusive behaviour related to the condition, i.e. it can be deduced conclusively from the behaviour of a person. Conclusive behaviour is, for example, when the patient makes an appointment with a doctor or hands in his insurance card at the registration desk of a doctor’s practice. The contract is rarely written and explicit.
If you are referred to another doctor, such as a specialist, a new contract is created. A new contract is also created when you are admitted to hospital. Patients covered by statutory health insurance companies enter into a treatment contract with the hospital operator, which experts call a total hospitalisation contract. This means that the person with statutory health insurance does not enter into a contract with a doctor.
For unconscious patients, doctors accept the contract without a commission. As soon as the patient regains consciousness, the patient makes up for the conclusion of the contract with the doctor. As long as the patient is called unconscious there is a management without a contract.
The privately insured patient enters into a split hospital admission contract. Several contractual relationships may arise. Services such as meals and accommodation are part of the general hospital services and are regulated in the contract with the hospital. Services provided by the head physician are set out in the separate treatment contract if this physician is authorised to do so.
Persons who are legally incompetent, such as minors up to the age of 7, need a guardian to conclude the contract. Usually both parents enter into the treatment contract. Persons with limited legal capacity such as children up to the age of 18 can enter into the treatment contract themselves. However, the prior consent or subsequent approval of their guardians is required. From the age of 15 onwards, persons with statutory health insurance can apply for and receive social benefits independently.
The treatment contract contains the following points: