🩺 Wegweiser Patients & Treatment Errors

Information and consent, access to records, treatment errors, compensation for pain and suffering, health insurance and advice: clear answers and the most important deadlines.

Legal position as of September 2026. The basis is the patients' rights in the Civil Code (Bürgerliches Gesetzbuch, §§ 630a to 630h) and the Fifth Book of the Social Code (SGB V). The reform of the law on treatment contracts has been passed and has been in force since 6 February 2026 (including "treatment record" (Behandlungsakte) instead of "patient file" (Patientenakte) in §§ 630f, 630g, 630h BGB). The earlier Patients' Rights Act (Patientenrechtegesetz, 2013) is now part of the BGB; there is no separate act. Sources and open points: Sources and limits. Information, not legal advice.

Frequently searched

📁 Access to records and copy of the treatment record 🔍 Recognising treatment errors and first steps ⏳ Limitation periods for claims 🏛️ Support from your health insurer (§ 66 SGB V) 👥 Second opinion before an operation 🤝 Advice, complaints and contact points

All topic areas

📋BasicsOverview, information and consent, living will and access to records.4 topics ⚖️Treatment errorsRecognising errors, burden of proof, expert opinions, compensation and limitation periods.5 topics 💶Health insurance and costsSupport from your insurer, reimbursement, refusals and IGeL.3 topics 🏥CareSecond opinion and discharge management in hospital.2 topics 🤝HelpAdvice, complaints and contact points.1 topic

📋 Basics

Overview, information and consent, living will and access to records.

🩺Overview: Your patients' rightsWhat the treatment contract means and which rights you have as a patient. An introduction with links to all topics. 🗣️Information and consentIn principle, you may not be treated without your consent. This requires clear and timely information. 📝Living will and inability to consentIf you can no longer decide for yourself: a living will (Patientenverfügung) can permit or prohibit treatments. 📁Access to records and copy of the treatment recordYou may view your complete treatment record. The first copy is free of charge. The record must be kept for ten years.

⚖️ Treatment errors

Recognising errors, burden of proof, expert opinions, compensation and limitation periods.

🔍Recognising treatment errors and first stepsWhen is there a treatment error, what must the doctor tell you, and what do you do if you suspect one? ⚖️Burden of proof in treatment errorsWho has to prove what? § 630h BGB makes proof easier for you in certain cases, for example gross errors or missing documentation. 🧾Expert opinions: Medizinischer Dienst and arbitration boardTwo routes to an expert review: the opinion of the Medizinischer Dienst via your health insurer and the procedure at the medical chamber. 💰Compensation for pain and suffering (Schmerzensgeld) and damagesIf your body or health has been injured, besides financial losses you can also claim fair monetary compensation. ⏳Limitation periods for claimsRegularly three years from the end of the year in which you gained knowledge. Negotiations and certain procedures suspend the period.

💶 Health insurance and costs

Support from your insurer, reimbursement, refusals and IGeL.

🏛️Support from your health insurer (§ 66 SGB V)Your health insurer should support you with damages claims after treatment errors, for example by reviewing the documents and obtaining an expert opinion. 📨Reimbursement and refusal by your insurerYour insurer must decide on an application promptly, as a rule within three weeks, or five with an expert opinion. If it refuses, an objection period applies. 🧾IGeL: Services you pay for yourselfYou pay for individual health services (IGeL) yourself. You are entitled to information, a written contract, a statement of costs and time to think.

🏥 Care

Second opinion and discharge management in hospital.

👥Second opinion before an operationFor certain planned procedures you are entitled to a medical second opinion. You can find second-opinion doctors via 116117.de. 🏥Discharge management in hospitalDischarge management helps with the transition from hospital to further care. It may take place only with your consent.

🤝 Help

Advice, complaints and contact points.

🤝Advice, complaints and contact pointsThe Stiftung Unabhängige Patientenberatung Deutschland (independent patient advice foundation) advises free of charge. Also chambers, insurers and consumer protection.

For reference

📕Keyword indexAll terms from A to Z, with links to the matching topic pages. 📜Sources and methodWhere the information comes from and what is expressly uncertain. 🏠Other target groupsTo the overview of all Wegweiser portals.

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.