Patients’ rights: what you are entitled to

Clear rights and obligations are associated with medical treatment for both doctors and patients. 

For example, doctors must inform their patients about the potential benefits and risks of a treatment. Your consent is required for all medical measures and interventions. You can also view your treatment documents at any time. These and other rights are laid out in a specifically designated section of the German Civil Code. You can refer to these legal provisions if you wish to assert your rights in relation to the medical practitioner providing treatment. Rights vis-à-vis health insurance providers and other institutions are also often referred to as patients’ rights.

You can not only assert these rights vis-à-vis doctors or institutions such as hospitals and care homes, they also apply vis-à-vis other healthcare professionals, such as alternative practitioners, midwives and psychotherapists. 

For example, as a patient you are entitled

• to choose your doctor.
• to look at your treatment documents and your patient record.
• to obtain clear information and explanations.
• to take self-determined decisions on which measures you do and do not want (medical interventions can only occur with your consent).
• to have your privacy and data protected.
• to be issued with a patient’s receipt.
• to services such as medical care, rehabilitation, sickness benefits and nursing allowances.
• to request and receive compensation in the event of medical malpractice.
• to freely choose your health insurance provider (this applies to those covered by statutory health insurance).

As a patient, you have the right to receive all key information about your diagnosis, the outlook and the treatment of your illness or disability.

Prior to interventions, you must also be informed about the risks of the treatment and alternative treatment options. This applies in the case of surgery, anesthesia and even certain diagnostic procedures, for example. Medical interventions cannot be performed without your consent. You should therefore ensure that you exercise your right to self-determination and are able to make a carefully considered decision about any treatments or interventions. The information has to be worded in a way that can be understood. 

Further information can be found in the article “The right to information and informed consent”.

Individual health services or IGeL (short for “individuelle Gesundheitsleistungen”) in German are services that are not usually paid for by health insurance providers. 

The costs must be borne privately as there is insufficient evidence as to the benefit of such services – and in some cases the benefit is even disputed. When visiting their doctor, patients have to be informed that they will need to pay for the treatment before receiving it and how much this will be. Mentioning the risk of costs in general terms is not adequate. You are therefore entitled to see the costs in real numbers. 

Further information can be found in our article “Overview of self-payer services”.

Doctors providing treatment are legally obliged to promptly document key facts in the patient record. The documenting must be done carefully and in full.

The patient record includes the following:

• Test results
• The documentation of treatment
• The documentation of the informed consent 
• The declaration of consent for interventions

To make it easier for you to obtain an overview of your treatment, as a patient you are entitled to view your patient record and receive copies of it at any time. While there are exceptions, the doctor must provide a reason for refusing. 

Documentation is important, for example:

• to enable patients to understand what happens during the treatment. 
• if another doctor takes over further treatment.
• in cases of liability, for example if you, as the patient, want to take legal action due to medical malpractice.

There is a difference between the patient record kept by the doctor and the electronic patient record (ePA) used by health insurance providers. Key medical data held by different doctors or hospitals is recorded in the electronic patient record for use by all institutions. The ePA is managed by the patient.  

If you do not believe that you are receiving the services to which you are entitled when in hospital or if you believe that your rights have been infringed upon, there are several places that you can turn to. 

In some federal states, patient representatives will help you present your case to the hospital. These can be referred to by several names, such as patient advocates or ombudspersons. It is best to inquire in the hospital itself. 
 
Hospitals must also ensure they have a complaint management system that patients can use easily. This includes hospitals offering complaint procedures and informing patients about these procedures on the premises. Complaints must also be processed speedily and transparently. 

Further information about complaints procedures in hospitals can be found in the article “Complaints about medical treatment”.

The “Ratgeber für Patientenrechte” (Guide to Patient Rights) from the Federal Ministry of Health (Bundesministerium für Gesundheit), for example, offers extensive information on this subject (in German).

The Independent Patient Advice Service for Germany (UPD) advises you on your patient rights.