Patients‘ rights

What are patients‘ rights?
When you visit a doctor’s surgery, it is important that you know your rights. A distinction can be made between different types of rights.
There is the right to information and clarification. This means that the doctor must provide you with comprehensive and understandable information about your treatment.
Information about your treatment is important because you generally always have to consent to treatment. To do this, you need to understand the treatment properly.
If a particular treatment is imminent, the doctor will explain to you what the chances and risks of the treatment are.
If there are several treatments to choose from, the doctor must list all the options. The doctor must also inform you of any additional costs.
Information must always be provided verbally in a personal consultation. The doctor can also provide you with additional written information.
You must be given a copy of all written documents.
This is particularly important if you have signed them for information or consent.
It is important to know that written information must not replace a verbal discussion. It is your right to be informed verbally.
Sometimes you have to make a decision with the doctor, for example about a treatment method. It is important that you are given sufficient time to do so.
The law expressly stipulates that the information must be understandable for patients.
The doctor must therefore express themselves in a way that you can understand. If you do not understand something, ask. Ask him to explain it again in different words.
It is important that the doctor talks to you on an equal footing. You are just as much a part of the treatment as he is.
The doctor must show you his records if you want to see them.
You can ask for a copy of the records. You have to pay for the copies.
The treatment records are called ‘documentation’. The doctor must write down exactly what examinations he has carried out on you.
The documentation must also state what the doctor found when he examined you. He must write down how he treated you and whether you consented to the procedure.
The doctor must also write down what further treatment might look like and what he explained to you.

Who decides what a doctor may do to you?
Your doctor may only carry out treatment on you that you have consented to.
In other words, you decide whether you receive an injection. You also decide whether an operation is carried out.
You can decide whether you want a certain medication. You can also say that you are against an examination.
If you say that you want a certain treatment that the doctor has suggested to you, this is called ‘consenting’.
If you say that you do not want this treatment, it is called ‘the patient has not consented’. You must then sign this decision.
If the doctor carries out treatment that you have not consented to, this is prohibited.

Can the doctor demand money from you even though you have health insurance?
Doctors sometimes offer services that are not covered by health insurance. These services are called IGeL (individual health services).
Doctors are allowed to offer you such services. But they must tell you beforehand that these services cost money – and that they are not covered by health insurance.
The doctor must also tell you how much it will cost. You must also receive this information in writing.
You should then first consider whether you really need these additional services and whether you can afford them.
If you have a carer for financial matters, you should also discuss this with your carer.

What is a living will?
A living will can be drawn up by anyone who is capable of giving consent. If you already have a carer for health matters, you cannot make a living will.
However, you can talk to your carer about how you want to be treated in dangerous situations or in the event of very serious illness.
Anyone who draws up a living will wants to make provisions for the event that they become ill and can no longer make their own decisions.
In a living will, you can specify how you would like to be treated in such a situation

What is a second opinion?
You may be unsure whether what the doctor says is quite right.
Sometimes an operation is also very dangerous. Especially then you want to be absolutely sure that it is really necessary and will help.
Sometimes the doctor does not know all the treatment methods, but you know that there is another option.
You can then go to another doctor for advice. The information provided by this doctor is a second opinion.
It is best to get a second opinion from doctors who are particularly knowledgeable.
You can find information on all doctors who can give a second opinion on the Internet. To do this, enter the following address on the Internet: www.116117.de/zweitmeinung.
Or ask your health insurance company if they can help you get a second opinion.
It is best to bring x-rays and other documents to the doctor who is to advise you. Your doctor must give you copies of the treatment records.
This means you don’t have to spend a lot of money on a second opinion, for example on the Internet.

What can you do if the doctor has made a mistake?
Sometimes doctors make mistakes. Some of these mistakes have unpleasant or even serious consequences for you.
If a doctor has made a mistake, you can claim compensation. However, before you claim compensation, first find out from people and organisations that can help you.
If you believe that a doctor has done something wrong, you can ask another doctor: ‘Do you believe that a doctor has made a mistake with me?’
The doctor must then tell you if he or she has the impression that another doctor has done something wrong.
You can also speak to your health insurance company if you think that a doctor has done something wrong.
The health insurance company must then also explain to you what you can do. They will often also help you to get an expert opinion on whether a doctor has done something wrong.
You can also ask patient advice centres if they can help you. These centres can also tell you if you should go to a lawyer.
However, going to a lawyer costs money. You should discuss how much money it will cost with the lawyer beforehand.
Claiming compensation is usually difficult. It also takes some time.
And you have to prove that the doctor made a mistake.
In most cases, you also have to prove that you have a problem and damage because of the doctor’s mistake.
The treatment records are an important aid for this. Your doctor must write down everything he or she did during your treatment.
If a doctor does not treat you, if you have to wait a long time or if they do not make a home visit, if they discriminate against you or if they talk to others about your illness, you can complain.
You can go to a patient advice centre and ask them to help you.
You can also go to a patient advice centre if you have such problems in hospital. You can also complain to the Medical Association.

What can you do if the doctor uses language that is too difficult?
For your doctor to be able to treat you well, he or she must understand you. And for you to be able to decide whether you want a certain treatment, you need to understand your doctor.
Your doctor must endeavour to explain everything to you in detail. He must not simply say a few difficult words and leave you to it.
That’s what the law says. The law is called the Patients‘ Rights Act.
The most important part of the Patients‘ Rights Act is in the German Civil Code. It is also abbreviated to BGB.
One section states that the doctor must explain everything that is important to the patient in an ‘understandable way’. He must explain everything that is important to you in detail.
This also applies if you have a carer. The doctor must talk to you himself. He or she must not simply give you a piece of paper that you then have to read yourself.
Your doctor must explain to you exactly what illness you have. He must also explain how he intends to treat you.
There are often several ways to treat an illness. The doctor must then explain to you what he intends to do.
He must also tell you what another doctor might be able to do.
And he must explain to you why he has chosen his treatment method. Above all, he must tell you what is good about it, but also what may be more dangerous or not so good.
He must also explain it to you in a way that you can understand. You are therefore also allowed to ask questions.
Because you decide for yourself whether a doctor is allowed to treat you in this way or not. After all, it is about your body and your health.

The doctor must explain this to you in detail:
What exactly is to be done?
How long do you expect to stay in hospital?
And how are you likely to feel when you are able to return home?
Will someone have to help you around the house?
And for how long?
What might be dangerous about the treatment?
What exactly can happen?
And what are the consequences?
Is it absolutely necessary to have the treatment?
Does something have to be done right away?
Or can I wait a few days or a few weeks?
Is the treatment sure to make everything better? Or just maybe?

The doctor must answer these questions in good time. You must then have time to think about what you want to do.
You can decide whether you want to have the treatment or not.
In most cases, you will have to sign a form stating that the doctor has explained everything to you. Only sign this if it is really true.
The doctor must also give you a copy of the sheet you have signed. This declaration is called an ‘explanation’. It is very important that the doctor informs you.
There are also illnesses where the doctor must act immediately. Then he may not be able to explain them properly. Everything then has to happen quickly. This can be particularly the case with life-threatening illnesses or injuries.