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
GOÄ § 1 para. 2 sentence 1 Continue reading