Module 3 – Legal Basis for Treatment

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.