Legal basis for the relation between doctors and patients is the so called treatment contract which is either concluded by a patient and a medical practitioner or between patient and Krankenanstaltenträger/ health institution or a group practice if patients go there for receiving treatment. This is called implied contract conclusion hence there is no signature needed to conclude it.
On basis of such a treatment contract several rights and obligations arise for both contract partners.
For doctors:
- Appropriate treatment obligation
- Information obligation
- Duty of confidentiality
- Reporting obligation
- Documentation obligation
For patients:
- Payment obligation
- Information obligation
- Co-operation obligation
The general medical and legal basis applies if a treatment contract is concluded. Furthermore it is possible that certain treatment characteristics come up regarding that the patient does not speak German or may have a different cultural approach to health and illness.