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Emergency

Treatment error: who has to prove what and how you proceed

With a suspected treatment error you generally have to prove the error, the harm and the causation. But there are important reliefs: with gross treatment errors or documentation and information defects, the burden of proof often reverses. In addition, the Medical Service helps free of charge with an expert opinion.

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Your chances of getting your money back

With a gross treatment error that is capable of causing the harm, the burden of proof for the causal connection reverses, then the doctor has to prove that the error was not causal (§ 630h BGB).
Documentation defects and information errors also work in your favor. Your health fund can obtain an expert opinion free of charge through the Medical Service to clarify a treatment error.

What you should do now

  1. 1

    1. Secure documents

    Request your complete patient file, you have a claim to inspection and copies.

  2. 2

    2. Use the MD expert opinion

    Ask your health fund to obtain an expert opinion free of charge through the Medical Service on the suspected treatment error.

  3. 3

    3. Observe deadlines / limitation

    Claims expire (generally three years from knowledge). Do not wait too long with the clarification.

  4. 4

    4. Involve a lawyer

    With serious indications and larger harm, legal support is sensible to enforce compensation for pain and suffering and damages.

How to spot the scam

  • The patient file is incomplete or is only handed over reluctantly.
  • You were not sufficiently informed about the risks of a procedure.
  • Complications arose that no one explained to you.

Frequently asked questions

Who has to prove a treatment error?

Generally you as the patient, that is the error, the harm and the causal connection. With a gross treatment error, however, the burden of proof for causation reverses (§ 630h BGB), as does it with certain documentation and information defects.

Do I get free help with the clarification?

Yes. Your statutory health fund can obtain an expert opinion free of charge through the Medical Service on a suspected treatment error. That is a good first step before you pursue further claims.

How much time do I have?

Claims for damages and compensation for pain and suffering generally expire three years from the year in which you gained knowledge of the error and the harm. Take care of it early, secure the patient file and get advice.

Take action now

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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.