Ein Patient kann vom behandelnden Krankenhaus XCHARX gegen Kostenerstattung XCHARX ohne weiteres die Herausgabe aller Behandlungsunterlagen verlangen. Namen und Anschriften der an seiner Behandlung beteiligten Ärzte muss das Krankenhaus aber nur dann mitteilen, wenn der Patient ein berechtigtes Interesse an diesen Daten nachweist. Das hat der 26. Zivilsenat des Oberlandesgerichts Hamm am 14.07.2017 entschieden und damit das erstinstanzliche Urteil des Landgerichts Bochum vom 27.07.2016 (Az. 6 O 9/16 LG Bochum) bestätigt.
The plaintiff from Castrop-Rauxel, born in 1984, was repeatedly treated in outpatient and inpatient treatment of the defendant company in 2012, which, among other things, maintains a hospital in Herne. In this hospital, the applicant was hospitalized for 2012 from February to July and operated several times on repeated spinal column complaints. After the plaintiff had gained the impression of a malpractice in the defendant's treatment by other treatments, she requested by her proxy the publication of all treatment documents and the communication of names and addresses of the defendants' physicians involved in her treatment. Before filing a lawsuit and in the course of the first-instance legal action, the defendant provided the applicant with the treatment documents, without providing her with the required data on the physicians treating her.
In addition to its claim for information, the plaintiff had brought a medical liability lawsuit against the defendant at the district court Bochum 2016 (Case 6 O 19 / 16 LG Bochum), which is currently in the taking of evidence.
The plaintiff's request in the present case to inform her of the full names and addresses of the physicians involved in her treatment of the defendant has been unsuccessful. After the decision of the 26. Civil Senate of the Higher Regional Court of Hamm is the plaintiff such a right to information.
According to the Senate, a patient can only request information about names and addresses of the treating physicians from his clinic if he proves a legitimate interest in these data. For this he must state that they could be considered as a defendant due to a treatment or reconnaissance error or as witnesses to a wrong treatment. Without further ado, however, he has no claim to information about the names and addresses of all doctors and nurses who would have looked after him during his stay in hospital. In the present case, the applicant asks for general information in general terms. She has no claim to these. The defendant also promised to provide information on specific requests. In addition, the plaintiff could already obtain information from the treatment documents made available to her in such a way that she could also bring an action against the - in her opinion erroneously - treating physicians of the defendant.
Judgment of the 26. Civil Senate of the Higher Regional Court Hamm of the 14.07.2017 (Az. 26 U 117 / 16 OLG Hamm)