Doctors do not need to remind patients about appointments

Doctors are not obligated to inform patients about appointments.

(19.07.2010) Physicians are not required to inform patients about appointments such as check-ups. Much more is sufficient if the doctor points to the necessity of such appointments, the Higher Regional Court ruled in Koblenz.

It would override the duty of care, the judges said, if a doctor had to impose patients to arrange re-checkups and meet deadlines. This also applies if there is an urgent suspicion of a serious illness. It is sufficient if the doctor points to such an examination in the patient talk. (OLG Koblenz, Az: 5 U 186/10). The Oberlandesrichter overturned a judgment of the district court Trier in the appellate proceedings and rejected the complaint of a patient.

In the specific case, a woman had sued her treating gynecologist for a total of 150,000 euros in pain and suffering. The patient accused the doctor that she had not sufficiently urged her to undergo further check-ups. The patient was suspected to have a cancer. The district court Trier saw it as a medical breach of duty and awarded the plaintiff 30,000 euros in pain and suffering. By contrast, the doctor appealed to the Higher Regional Court and now had more success.

The Higher Regional Court found it would be enough for the doctor to point out the need for subsequent check-ups. The further responsibility lies with the patient. She now had to decide when, if and in whom she would carry out such a check-up. The attending physician is therefore not obliged to ask the patient when he / she wants to have an examination carried out. For such a demand could even bring the patient into an explanation, because it is indeed possible that the patient was looking for another doctor. The verdict is now final. (Sb)

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