Patient Rights Act passes the Federal Council

Patient rights are significantly strengthened by the legislature

01/02/2013

The Patients' Rights Act, which passed today by the Federal Council, should in future significantly increase the transparency of medical treatment and strengthen the position of patients. „For the first time, the Patients' Rights Act bundles the rights of patients and develops them in essential points“, so the current press release of the Federal Ministry of Health.

The law on improving the rights of patients has, according to the Ministry „Today, the Federal Council happened and will enter into force as planned the day after its promulgation in the Federal Law Gazette.“ With the entry into force of the law, the position of the patients will improve significantly. „For the first time, the patient and doctor meet at eye level“, emphasized Federal Minister of Justice Sabine Leutheusser-Schnarrenberger.

Documentation duty of doctors
The Patients' Rights Act anchors the treatment contract as a new type of contract, which regulates the relationship between doctor and patient, in the Civil Code. The law provides that in the future, patients will be informed comprehensively and comprehensibly by the attending physician prior to treatment. „Our mission statement is the mature patient who is informed and educated and thus can face the doctor at eye level“, explained Federal Minister of Health Daniel Bahr. „In order to strengthen an open error avoidance culture, we support inter-hospital error reporting systems in hospitals. Our common goal is the best possible medical care for the patients“, Bahr continues. An essential point in the new law is the obligation of doctors to provide documentation. The physicians must in the future all important in the context of treatment important circumstances in the patient record. In the case of liability for possible treatment errors this is crucial for a „balanced burden of proof distribution“, so the message of the Ministry.

Patients have a right to information
Federal Health Minister Daniel Bahr assessed the law as „good foundation: the rights of patients are strengthened. The special relationship of trust between patient and doctor will be further developed.“ A similar assessment is made by the Federal Government Commissioner for Patients, Wolfgang Zöller, who particularly emphasized the inclusion of the treatment contract in the Civil Code. So far, patients and doctors often did not even know, „which legal norm applies and where it can be found.“ Well could „Patients and doctors understand their rights and obligations understandable and in context.“ As an improvement, the expert also assessed the future obligation to provide information about required examinations, diagnoses and intended therapies, which also includes the costs that may arise. In principle, all patients should be comprehensively informed about an imminent concrete treatment measure and about the resulting risks, with written information not sufficient, but rather „a personal interview in advance“ must, reports the Federal Ministry of Health.

Acceleration of approval procedures at the health insurance companies
Another advantage of the new Patient Rights Act is, according to the Federal Minister of Health „the acceleration of the approval procedures by the health insurance companies.“ Because according to the law, the health insurance must in the future „swiftly - at least within three or required reports of five weeks - decide“, whether the request for benefits of an insured person is granted, explained Bahr. „If the health insurance company has not given an answer within this period, the service is considered to have been approved“, Bahr continues. In addition, the health insurance companies would be obliged to support their insured persons in the enforcement of claims for damages resulting from treatment errors, which could include the presentation of evidence or the preparation of medical reports. The treatment contract regulates not only the relationship between physicians and patients, but also between patients and therapists of other health professions, such as non-medical practitioners, midwives, psychotherapists or physiotherapists, according to the statement of the Federal Ministry of Health. (Fp)

Picture: Martin Büdenbender