What to do when the hospital makes mistakes What to do when the hospital makes mistakes

What to do if the hospital makes mistakes?

The health insurance company can commission the medical service (MDK) with an expert opinion. If you suspect a treatment error, you can also contact the expert committee for treatment errors of the state medical associations.

Can I sue my doctor?

Sue your own doctor – with or without a lawyer? There are several ways to take action against medical fraud. One of the first points of contact for affected patients are often patient associations, their own health insurance or the expert and arbitration boards of the state medical associations.

When 280 BGB?

Section 280 Compensation for breach of duty. (1) If the obligor breaches a duty arising from the contractual obligation, the obligee may demand compensation for the damage incurred as a result. This does not apply if the debtor is not responsible for the breach of duty.

When 280 and 823?

For a claim from §§ 280 I, 241 II BGB it would be necessary for an obligation to exist between O and G. But such a thing is only present here between O and M. O could have a claim against G from § 823 Abs. 1 BGB in the amount of 1000 €.

What are ancillary duties examples?

Contrary to the main obligations, they have no separate purpose, but rather are protective measures of legal transactions. An example of secondary obligations is the obligation of the landlord of an apartment building to illuminate the stairwell.

What does secondary obligation mean?

In German civil law, secondary obligations are subordinate, serving obligations within an obligation existing between two legal subjects.

What is the duty to protect?

German law understands duties to protect: certain civil law duties regulated in Section 241 (2) of the German Civil Code, see obligation. objective legal obligations of the state to protect citizens, which follow from the fundamental rights, see fundamental rights.

What are main and ancillary performance obligations?

The obligations on the basis of which a contract is mainly concluded, which constitute the contract. In the case of mutual contracts, they are in synallagma. Ancillary performance obligations: These refer to the main performance obligations and support their fulfillment, so they have no purpose of their own.

Are obligations to protect secondary obligations?

3. Additional obligations not related to performance = obligations to protect → These are regulated in Section 241 (2) of the German Civil Code. This is about the duty not to damage the legal assets/interests of the other party.

What is meant by obligation to perform?

According to Section 241 (1), the “creditor” is “entitled to demand performance” “by virtue of the obligation”. Obligations to perform are therefore those obligations to which the creditor has an actionable claim by virtue of the obligation. The obligation is there to enable the creditor to perform.

What are primary and secondary obligations from an obligation?

1. Right to claim and obligation to perform Characteristics: Enforcement by means of an action for performance in the process. Primary performance obligations (cf. § 433 BGB) are agreed upon by the parties for the execution of the contract; secondary performance obligations take their place in the event of a breach of primary performance obligations.

What are performance-related duties?

Performance-related and non-performance-related obligations Some are directly related to the contractually owed service, while others mean protection and care obligations that are, so to speak, “knitted around” the actual contractual relationship.

What are the performance obligations of the seller?

For example, if there is a contract of sale, the seller is obliged to hand over the item and to give the buyer ownership of the item. In addition, the seller must hand over the item free of material and legal defects (§§ 434 ff BGB).