Suspected treatment error? Your rights as a patient
You suspect that something went wrong during a treatment? Patients have strong rights: access to the file, free support from the health insurer, and, in the case of a proven error, a claim to compensation and pain-and-suffering damages.
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What you should do now
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1. Request the patient file
Demand a complete copy of your treatment records (§ 630g BGB). It is the basis of any review.
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2. Bring in the health insurer
Ask your health insurer for support; it can arrange a free expert opinion (MDK/MD).
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3. Document the error
Note the course of events, complaints, and consequences with dates. Secure further findings and certificates.
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4. Have claims checked
If the suspicion is confirmed, have claims for compensation and pain-and-suffering damages checked by a lawyer. The arbitration boards of the medical associations also offer a free procedure.
Frequently asked questions
Who helps me free of charge if a treatment error is suspected?
Your statutory health insurer is obliged to support you (§ 66 SGB V), for example through a free expert opinion from the Medical Service. The arbitration boards of the medical associations also offer a free procedure.
Do I have to prove the error myself?
In principle yes, but there are reliefs: in the case of a 'gross' treatment error or documentation defects, the burden of proof can reverse in the patient's favor (§ 630h BGB). A complete patient file as a basis is important.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.