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Emergency

Patient rights: information, consent and access to your file

As a patient you have clear rights: before a procedure the doctor has to inform you understandably about risks and alternatives, you decide about the treatment yourself (consent), and you may inspect your patient file. If these rights are violated, that can have consequences for liability.

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Before a treatment the doctor has to inform you in time and understandably about risks, course and alternatives (§ 630e BGB). Without valid information and consent, a procedure is generally unlawful.
You have a claim to inspection of your complete patient file and to copies (§ 630g BGB). This helps you understand treatments and, in case of a dispute, spot errors.

What you should do now

  1. 1

    1. Demand information

    Before a procedure, insist on understandable information about risks and alternatives, and take your time for the decision.

  2. 2

    2. Give consent consciously

    You decide. A treatment without your valid consent is in principle not permitted.

  3. 3

    3. Take access to the file

    Demand inspection of your patient file and copies, in writing if necessary.

  4. 4

    4. React to a violation

    If your rights were violated (missing information, refused file), challenge it in writing; where there is harm, liability may be an option.

How to spot the scam

  • Before a procedure you were not informed about risks and alternatives.
  • The practice refuses or delays access to your file.
  • A treatment was carried out without your express consent.

Frequently asked questions

What does the doctor have to inform me about?

In time and understandably about the nature, scope, risks, prospects of success and serious alternatives of the treatment (§ 630e BGB). Only then can you make an informed decision. Without valid information and consent, a procedure is generally unlawful.

May I inspect my patient file?

Yes. You have a claim to inspection of your complete patient file and to copies (against reimbursement of the costs), also beyond the treating doctor during your lifetime (§ 630g BGB).

What if my rights were violated?

Challenge it in writing and secure the documents. Missing information or treatment without consent can establish the unlawfulness of a procedure and, in the event of harm, lead to claims. In case of serious consequences, 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.