🔍 Recognising treatment errors and first steps

When is there a treatment error, what must the doctor tell you, and what do you do if you suspect one?

treatment error suspicion duty to inform memory log specialist standard medical liability

In brief

A treatment error exists if treatment did not follow recognised professional standards. Not every bad outcome is an error.

If the doctor recognises an error, they must inform you when you ask. They must also do so if your health would otherwise be at risk.

If you suspect one: stay calm. Collect documents. Request your record. Get help.

Step by step

Write it downNote what happened and when. Ideally soon after the events.
Request the recordRequest the treatment record.
Insurer and adviceAsk your health insurer and a patient advice service.
Choose the next routeExpert opinion, arbitration or lawsuit: see the following pages.

Deadlines

3 years

Limitation period from knowledge, counted from the end of the year§§ 195, 199 Abs. 1 BGB

30 years

Maximum period for injury to body or health§ 199 Abs. 2 BGB

Watch out – common mistakes

A bad outcome alone does not prove an error. There are known risks.
The limitation period is running. Do not wait too long.
Do not rely only on verbal statements. Put conversations in writing.

In depth · legal basis, figures and practice – for advisers and professionals

Standard

Under § 630a Abs. 2 BGB, treatment must follow the generally recognised professional standards existing at the time of treatment. A treatment error is measured against this. Errors can lie in diagnosis, therapy, organisation or in the information given; information before treatment is covered on the page Information and consent.

Duty to inform about errors (§ 630c Abs. 2 Satz 2 BGB)

If the treating practitioner can see circumstances that give grounds to assume a treatment error, they must inform the patient "on request or to avert health risks". The law contains further rules on the use of such information in criminal or administrative fine proceedings; these were not examined in detail.

Extent in practice

According to its 2024 annual statistics, the Medizinischer Dienst (medical service of the health insurers) produced 12,304 specialist expert opinions nationwide on suspected treatment errors. In 3,301 cases (about one in four) the experts found a treatment error with harm; in 2,825 cases (about 23 per cent) the error was the cause of the harm (search extract, not full text).

Who is responsible

Health insurer (support under § 66 SGB V)
Medical chamber, expert commission or arbitration board
Stiftung Unabhängige Patientenberatung Deutschland (independent patient advice foundation)

Quick questions

Worum geht es bei „Recognising treatment errors and first steps“?

When is there a treatment error, what must the doctor tell you, and what do you do if you suspect one?

Which deadlines and figures matter?

3 years: Limitation period from knowledge, counted from the end of the year (§§ 195, 199 Abs. 1 BGB)
30 years: Maximum period for injury to body or health (§ 199 Abs. 2 BGB)

What should I do first?

Write it down: Note what happened and when. Ideally soon after the events.
Request the record: Request the treatment record.
Insurer and advice: Ask your health insurer and a patient advice service.

What do I need to watch out for?

A bad outcome alone does not prove an error. There are known risks.
The limitation period is running. Do not wait too long.
Do not rely only on verbal statements. Put conversations in writing.

Evidence

Gesetze im Internet, BGB § 630a and § 630c, retrieved 20 September 2026
Gesetze im Internet, BGB §§ 195, 199, retrieved 20 September 2026
Medizinischer Dienst Bund, Jahresstatistik Behandlungsfehler 2024 (search extract), retrieved 20 September 2026

As of

September 2026 · Sources and method

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.