Increasing number of reported suspected cases of treatment errors
07.02.2017 10:08
The Techniker Krankenkasse (TK) recorded 4,400 suspected cases of treatment errors among its insured persons last year. This is an increase of a quarter compared to the previous year, said the technicians. The background to this is that TK informed its insured persons particularly intensively last year about the risk of treatment errors and the offers of help for those affected.
“As a result, insured people are increasingly picking up the telephone and reporting such suspected cases to us,” says TK medical law expert Christian Soltau. “We firmly assume that care in hospitals and doctor’s offices has not deteriorated to this extent.”
The health insurance company records a particularly high number of suspected cases in the surgical area. According to the health insurance company, 1,372 cases were reported here. Dentists came in second with 606 suspected cases, followed by general practitioners (382) and orthopedists (378). Last year, the TK demanded 14 million euros back from doctors and clinics for the follow-up costs of incorrect treatment.
Not every suspected case is confirmed during an inspection, says Soltau. “It is often difficult for those insured to see whether the course of the illness is fateful or whether the doctors and nurses have made a mistake.” At the same time, he assumes that there are unreported cases behind the reported cases, said Soltau. “For example, many people don’t know who they can turn to.”
Patients who suspect treatment errors should first speak to their doctor directly. It is also important to document the course of treatment and the doctors and nurses involved. Because: The insured person must first and foremost prove that his doctors or nurses have culpably violated the recognized rules of science and medical practice.
TK supports its insured persons with an advice hotline (040 – 46 06 61 21 40), an online guide (www.tk.de under the web code ) and an advisory brochure (web code ). If the suspicion is confirmed, the health insurance company can have a medical report drawn up. These are generally free of charge for the insured and can also be used by them for compensation negotiations with the doctor, the hospital, the responsible liability insurance company or in court.
If the TK takes legal action, it takes on the pioneering role in the legal proceedings for the insured person. “The insured person can wait for the outcome of the process and thereby assess whether their own lawsuit has a chance of success,” says the TK expert Soltau. Last year, the TK prepared expert reports in 1,492 cases. 61 cases were heard in court.
Soltau would like to see more support from politics and the judiciary, as the procedures often take a very long time. To this end, he is calling for more special chambers for medical liability issues in the regional courts. At the same time, the legislature must prevent liability insurance companies from continuing to play for time and forcing affected patients to make false compromises, sometimes purely out of financial need.