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[Patients' rights act. Consequences for medical treatment]
1-, Maximiliansplatz 12, 80333, München, Deutschland, Ulsenheimer@uls-frie.de.
Abstract:
With the justification that the treatment and medical liability act suffers from a lack of transparency and reliability due to being characterized by many isolated decisions, in 2013 this was made into statute law in the form of the patients rights act in the German Civil Code (BGB). It was considered that "currently existing comprehensive rights of patients" would be strengthened through clarity and "legal transparency" and that the practical "implementation" would be improved. That this target will be achieved with these new statutory provisions is doubtful. Instead of more clarity, transparency and legal security, there now exists substantial need for interpretation of many aspects which will keep courts and lawyers occupied for many years. Furthermore, this has given rise to more bureaucratization of medicine with the compulsion to fulfil new formalities in clinics and doctors' offices. In this article the most important regulations for physicians will be presented and explained. Due to limited space and with due respect to the readership a subtle legal analysis of the regulations will be dispensed with.
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