Treatment errors: Legal hurdles for those affected remain too high
17.08.2023 12:52
On the occasion of the 2022 annual statistics presented by the Federal Medical Service (MD) on the assessment of treatment errors, the CEO of the AOK Federal Association, Dr. Carola Reimann:
“According to MD, the number of reports is at the same level as previous years. Only in about one in five cases did the experts come to the conclusion that the error was the cause of the damage. However, this only shows a very small part of what actually happened. The number of unreported cases is significantly higher. Only about three percent of all adverse events are tracked.
We know from our daily advice to our insured persons that patients who suspect treatment errors still have major problems enforcing their rights. There are too high hurdles in providing evidence, often long proceedings and problems in settling claims. All of these barriers must finally be dismantled and the rights of patients strengthened. The AOK community is calling for further development of the Patient Rights Act of 2013.
If treatment error is suspected, proof should be made easier. So far, not only the treatment error and the damage have to be proven, but also the causal connection. In addition, it should be enshrined in law that those affected are granted access to all necessary documents; refusals must be penalized. Unfortunately, in practice it looks different. In their more than 20 years of commitment, the AOK community's specialized advisory teams have noticed that those affected often refrain from enforcing their rights due to the high hurdles. It can’t stay like this.”