Dentist has a patient about a prosthetic restoration by means of single crowns or a blockage completely clear

A dentist should fully educate a patient about prosthetic restoration using single crowns or interlocking if both treatments are medically equally indicated and commonplace and have substantially different risks and chances of success so that the patient has a real choice.

Higher Regional Court Hamm, 26 U 54 / 13 of the 17.12.2013

§§ 823, 253, 249ff BGB Continue reading

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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In the case of medical liability matters, the prohibition of over-acceleration applies equally to an expert's report

(a) in the case of a medical offense, there may be a breach of the constitutional prohibition of "over-acceleration" in particular if the defense allegedly rejected as late would have prompted an expert's opinion, which was generally written, but in the period between the end of the opposition anyway, could not have been obtained anyway.

b) Defensive means are generally not filed "after expiry of a period set for this purpose" (§ 296 para. 1 ZPO), if the court after the expiry of the (according to § 276 para. 1 sentence 2 ZPO set (and extended) Anwerwide- give the defendant an opportunity to reply to the complaint without setting a time-limit.
BGH, judgment of the 3. July 2012 - VI ZR 120 / 11 - OLG Karlsruhe

ZPO § 296 Abs. 1, § 340 Abs. 3 Satz 3 Continue reading

Using an outsider's method in a follow-up treatment requires patient education by surgeons

The need for patient information from a surgeon about his or her intention to use an outsider method in a follow-up treatment that may become necessary due to the realization of a risk typically associated with initial surgery.

BGH, judgment of the 22. December 2010 - 3 StR 239 / 10 - LG Moenchengladbach
StGB § 223 para. 1, § 224 para. 1 Nr. 2, § 228 Continue reading

Prescription of birth defects in case of grossly negligent ignorance of the performance department of the insurance and non-information of the regress department

A presumption of limitation according to § 199 Abs. 1 Nr. 2 BGB setting in running grossly negligent ignorance is not given in cases of recourse, if the employees of the performance department of the insurance of the injured party in a division of labor no initiatives to investigate the damage unfold and therefore the claim the employees of the Regressab-Division did not become aware.
BGH, judgment of the 28. February 2012 - VI ZR 9 / 11 - KG Berlin
LG Berlin Continue reading

Obligation of the physician for the consequences of a second intervention by a post-doctor

Obligation of the physician to accept the consequences of a second intervention by a post-treatment physician, which is required because the pretreating physician has undergone a treatment error during the first intervention.

BGH, judgment of the 22. May 2012 - VI ZR 157 / 11 - OLG Munich
LG Munich I

BGB § 823 Abs. 1 F, § 249 Ba
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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

Inspection of the treatment documents by the trial lawyers in medical liability proceedings

The original documents filed by the parties pursuant to § 134 ZPO or by third parties pursuant to § 142 para. 1 ZPO are not part of the court records. A claim for access to the file or the issue of copies does not follow directly from § 299 ZPO. For documents that are directly from the court gem. § 142 ZPO be requested from third parties, there is a claim to the production of photocopies but both from the provisions of §§ 131, 133 ZPO and an analogous application of § 299 ZPO in compliance with the principle of legal hearing acc. Art. 103 para. 1 GG.

§ 299 ZPO does not expressly provide for a transmission of the case files to the representatives of the parties. However, the shipment may be made in due discretion if the files are expendable and the recipient is trustworthy. The decision must respect the principle of the right to be heard.

The same applies to the documents and documents filed by the parties or pursuant to § 142 ZPO if the person between whom and the court established the custody relationship agrees to a transmission of the files to the authorized representatives of the parties. Before the court refuses to send it, it must first ask the third party whether they agree to a transmission of the documents to the representatives of both parties.

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