Patient records are considered evidence in doctor evaluation

OLG Hamm: Jameda has to delete allegation about neglected advice
The doctor review portal Jameda has to delete false factual statements. After a ruling by the Higher Regional Court (OLG) Hamm on Tuesday, 13 March 2018, doctors can refer to their patient records to prove the falsehood of the claim (Az .: 26 U 4/18).

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The dispute is about the evaluation of a dentist. In a review that was set in June 2017, one of the patients had awarded very poor grades and wrote, among other things, "Ms. X's communication is problematic: she refrains from simple communication principles and information / counseling. Ms. X's prosthetic solutions were partly wrong. "

The dentist said that she renounced education and advice, was a false statement of fact. The same applies to the alleged wrong prosthetics. To prove this, she handed in the patient records in court.

The OLG Hamm allowed this to be considered as proof. After that, it must be assumed that the patient was informed. The opposite is therefore a false statement of fact. Jameda must delete these.

The claim that her prosthetic solutions are partly false, the dentist could not disprove. In that regard, the OLG dismissed the action therefore. mwo / fle