Treatment contract

Within the meaning of the German Civil Code (Bürgerliches Gesetzbuch, BGB), treatment contracts between physicians or other medical service providers and their patients are generally so-called service contracts (Sections 611 ff. BGB). These differ from contracts for work and services (Sections 631 ff. BGB) in that the person providing treatment is not liable for the success of a measure, but only for its implementation in accordance with applicable professional - in this case medical - standards. While it is immediately obvious in the therapeutic field that a doctor cannot promise a cure, some legal scholars argue that aesthetic procedures and other measures of wish-fulfilling medicine should be based on the law on contracts for work and services. So far, however, the treatment contracts for aesthetic surgery have been predominantly regarded by the courts as service contracts.

German Civil Code Online Version

On this debate, see for example:

Damm, Reinhard (2010): Medizinrechtliche Aspekte der Ästhetischen Chirurgie. Normstrukturen, Regelungsprobleme und Steuerungsebenen. In: GesundheitsRecht 9 (12), 641–654.

 

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