Verdict No compensation for a canceled surgery appointment

District Court Munich: Patient can terminate the contract at any time

(Jur). Patients may terminate an agreed treatment agreement with their physician at any time without notice. If the general terms and conditions of a clinic for a canceled surgery appointment before compensation for damages, these are usually ineffective, the district court Munich ruled in a decision announced on Friday, April 29, 2016, (Az .: 213 C 27099/15).

In the decisive case, an overweight Munich woman wanted to use a gastric balloon in a beauty clinic to reduce weight. On June 19, 2015, she therefore concluded a corresponding elective service agreement with the clinic. The gastric balloon should then be used on July 31, 2015.

The general terms and conditions of the clinic included in the agreement stipulated that a management fee of 60 euros would be due for a canceled or postponed surgical appointment. In the event of a complete cancellation within 48 hours, patients should also pay 100 percent, in case of a cancellation within seven days 60 percent and less than 14 days 40 percent of the total invoice amount.

When the patient wanted to keep her weight within a week before surgery and blew the surgery off, the beauty clinic required 60 percent of the treatment costs, a total of 1,494 euros.

But the woman does not have to pay, the district court ruled in its judgment of January 28, 2016. Because the terms and conditions of the clinic disadvantaged the patient inappropriately and were ineffective. For one, the cancellation fee is much too high. Thus, in case of cancellation within 48 hours not only the total invoice amount, but also another 60 Euro administration fee must be paid.

The patient would then have to pay more than if he had had the procedure. "Such a high level of damage is completely unrealistic and obviously unilaterally committed in favor of the user," the court said. It was not even consumables or drugs have been deducted, which did not cause damage at a canceled surgery.

In view of the increased personal relationship of trust between doctor and patient, it is also generally accepted that the patient can terminate the treatment contract at any time without notice, without having to have factual reasons. "The economic interest of the practitioner must be reduced to the protection of the patient's interest in the integrity of the body," it says in the judgment. (FLE)