In the absence of a statutory health insurance, the patient essentially remains the debtor in accordance with §§ 10 ff BPflV

Have the hospital owner and the patient (here: the mother of the minor
Patients) the common idea that a statutory health insurance
insisting on the costs of hospitalization,
and if this turns out to be a mistake, then that is missing between the
Hospital bearer and the patient (here the mother of the minor
Patients) closed the contract of employment.
The adjustment made in the absence of the business basis of the
the hospital owner and the patient (here: the patient's mother)
Closed treatment contract causes the hospital operator
the remuneration to be determined in accordance with §§ 10 ff BPflV for the
general hospital services of the patient (here: the mother
of the patient).
BGH, judgment of the 28. April 2005 - III ZR 351 / 04 - OLG Koblenz
LG Koblenz

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Assignment of an unnecessary human blood test by an external laboratory doctor

If the attending physician commissions an external laboratory doctor on behalf of his private patient with a non-required human genetic blood test, the laboratory doctor is not entitled to any compensation against the patient.

If the attending physician commissions an external laboratory doctor in the name of his private patient with a human blood test, which is objectively not necessary for a medically necessary medical care within the meaning of § 1 para. 2 sentence 1 GOÄ, then the laboratory doctor will not be entitled to claim remuneration from the patient if the laboratory doctor fulfilled the assignment assigned to him without errors and on the basis of his knowledge had no reason to doubt the necessity of the examination.
BGH, judgment of the 14. January 2010 - III ZR 188 / 09 - Brandenburg OLG
LG Neuruppin

GOÄ § 1 para. 2 sentence 1 Continue reading

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