Practice area
Medical Law
Legal advice in Trier and the border region
Treatment Errors: What You Need to Know
A treatment error (Behandlungsfehler) occurs when a physician deviates from the medical standard, resulting in harm. The burden of proof generally lies with the patient. Exception: In the case of a gross treatment error (grober Behandlungsfehler), the burden of proof is reversed. We examine your case, obtain expert opinions, and represent you vis-à-vis the physician, the hospital, and the liability insurance provider.
- —Diagnostic and therapeutic errors
- —Surgical errors
- —Errors in post-operative or follow-up care
- —Gross treatment error and reversal of the burden of proof (Beweislastumkehr)
- —Expert assessment proceedings before the Medical Association (Ärztekammer)
Breaches of the Duty to Inform (Aufklärungspflichtverletzungen)
Every medical procedure requires the patient's effective consent. Consent is only effective if the patient was sufficiently informed beforehand. If the information/disclosure (Aufklärung) was missing or incomplete, the intervention may be unlawful – even if it was performed correctly from a medical standpoint. We verify whether you were properly informed.
- —Duty to inform prior to operations and procedures
- —Risk disclosure and alternative treatment disclosure
- —Capacity and incapacity to give consent
- —Damages in the absence of proper disclosure
Patients' Rights: What You Are Entitled To
The Patients' Rights Act (Patientenrechtegesetz) of 2013 has strengthened patients' rights. You have the right to inspect your medical records (Akteneinsicht), to complete documentation, and to understandable information. Health insurance funds must approve benefits or justify their refusal. We represent you against health insurance funds, physicians, and hospitals.
- —Inspection of medical records and documentation
- —Claims for benefits against health insurance funds
- —Objection against benefit refusals
- —Second opinion and treatment alternatives
Professional Law for Physicians and Medical Professions
Physicians and other medical professions are subject to strict professional regulations. Disciplinary/professional proceedings before the Medical Association (Ärztekammer) can lead to reprimands, fines, or, in the worst case, revocation of the medical license (Approbation). We represent physicians in professional proceedings and advise on matters pertaining to the law of contract physicians (Vertragsarztrecht).
- —Professional proceedings before the Medical Association
- —Revocation and suspension of the medical license
- —Law of contract physicians and medical licensing (Zulassung)
- —Forms of cooperation (Medical Care Centers [MVZ], group practices [Gemeinschaftspraxis])
Frequently asked questions
How do I recognize whether a treatment error has occurred?
This is difficult to assess without medical expertise. If you suspect an error, you should first request inspection of your medical records and have the documents reviewed by an independent expert. We coordinate the expert assessment proceedings and evaluate whether a claim exists.
How much time do I have to assert a claim regarding a treatment error?
The limitation period (Verjährungsfrist) is three years from the time you became aware – or should have become aware – of the error and the damage. The absolute limitation period is ten years from the damaging event. Do not wait too long.
Must I prove the treatment error?
Generally, yes. In the event of a gross treatment error (grober Behandlungsfehler) capable of causing the sustained damage, the burden of proof is reversed. The physician must then prove that their error was not the cause of the damage. What constitutes a gross error is decided by an expert witness in the event of a dispute.
What are the costs of medical law proceedings?
This depends on the amount in dispute (Streitwert) and the course of the proceedings. Many legal expenses insurance policies (Rechtsschutzversicherungen) cover medical law disputes. We check your insurance coverage and clarify in advance what costs you may incur.
Initial assessment
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