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🧾 Expert opinions: Medizinischer Dienst and arbitration board

Two routes to an expert review: the opinion of the Medizinischer Dienst via your health insurer and the procedure at the medical chamber.

expert opinion Medizinischer Dienst arbitration board expert commission medical chamber free of charge treatment error

In brief

If you suspect an error, an expert opinion can help.

First route: your health insurer can ask the Medizinischer Dienst for an expert opinion. It needs your consent for this.

Second route: the medical chambers have expert commissions and arbitration boards. The procedure is free of charge for patients and mostly in writing. It takes about 15 months on average.

You can still go to court afterwards.

Step by step

  1. Find the responsible bodyThe responsible body is the one for the area where you were treated. You can get the address from the state medical chamber (Landesärztekammer).
  2. Submit an applicationSubmit the application in writing with your account of events and documents.
  3. Involve your insurerAsk your health insurer about an opinion from the Medizinischer Dienst.
  4. Review the resultGet advice on the result. A lawsuit remains possible.

Deadlines

approx. 15 months
Average duration of the procedure at the arbitration board (figure given by the bodies)aerztekammern-schlichten.de, Verfahren
free of charge
The procedure is free of charge for patients; each side bears its own costs and legal feesaerztekammern-schlichten.de, Verfahren
Watch out – common mistakes
  • The result does not bind you. You can still sue.
  • An application to the arbitration board of the medical chamber suspends the limitation period (§ 204 Abs. 1 Nr. 4 BGB; see the page Limitation periods).
  • Not every medical chamber proceeds in the same way; the procedures depend on state law.
  • The procedure is voluntary; all parties must agree. Some chambers exclude ongoing court proceedings, criminal complaints or cases that are too old. Check this with the responsible chamber.
In depth · legal basis, figures and practice – for advisers and professionals

Opinion of the Medizinischer Dienst (§ 66 SGB V)

Under § 66 SGB V, health insurers should support insured persons in pursuing damages claims arising from treatment errors. This includes, among other things, the social-medical assessment by the Medizinischer Dienst. Data collected with the insured person's consent may be processed exclusively to support in treatment errors. According to its statistics, the Medizinischer Dienst produced 12,304 such opinions in 2024. In 3,301 cases an error with harm was found (about one in four cases), and in 2,825 cases also a causal link (about one in five cases).

Expert commissions and arbitration boards of the medical chambers

According to the bodies, independent doctors and lawyers use the treatment documents to examine whether a treatment error exists, whether it is attributable to the doctor and whether the patient suffered damage to health as a result. The procedure is regularly conducted in writing and is free of charge for patients. The body for the area where the treatment took place has local jurisdiction. The parties are notified in writing whether there is an error giving rise to a claim. The route to the courts remains open regardless of the result.

Requirements and limitation

The procedure is voluntary; all parties must agree. Some chambers exclude ongoing court proceedings, criminal complaints or cases that are too old. Please check this with the responsible medical chamber. The application suspends the limitation period under § 204 Abs. 1 Nr. 4 BGB (see the page Limitation periods).

Who is responsible
  • State medical chamber (expert commission or arbitration board)
  • Health insurer
  • Medizinischer Dienst
Further reading
Support from your health insurer (§ 66 SGB V)Limitation periods for claimsCompensation for pain and suffering (Schmerzensgeld) and damages

Quick questions

Worum geht es bei „Expert opinions: Medizinischer Dienst and arbitration board“?
Two routes to an expert review: the opinion of the Medizinischer Dienst via your health insurer and the procedure at the medical chamber.
Which deadlines and figures matter?
  • approx. 15 months: Average duration of the procedure at the arbitration board (figure given by the bodies) (aerztekammern-schlichten.de, Verfahren)
  • free of charge: The procedure is free of charge for patients; each side bears its own costs and legal fees (aerztekammern-schlichten.de, Verfahren)
What should I do first?
  • Find the responsible body: The responsible body is the one for the area where you were treated. You can get the address from the state medical chamber (Landesärztekammer).
  • Submit an application: Submit the application in writing with your account of events and documents.
  • Involve your insurer: Ask your health insurer about an opinion from the Medizinischer Dienst.
What do I need to watch out for?
  • The result does not bind you. You can still sue.
  • An application to the arbitration board of the medical chamber suspends the limitation period (§ 204 Abs. 1 Nr. 4 BGB; see the page Limitation periods).
  • Not every medical chamber proceeds in the same way; the procedures depend on state law.
Evidence
  • Gutachterkommissionen und Schlichtungsstellen der Ă„rztekammern, page Verfahren, retrieved 20 September 2026
  • Gesetze im Internet, SGB V § 66, retrieved 20 September 2026
  • Medizinischer Dienst Bund, Jahresstatistik Behandlungsfehler 2024, 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.