Behandlungsverhältnis

Behandlungsverhältnis refers to the legal and ethical relationship between a healthcare provider and a patient in German-speaking countries. It is established when a patient seeks medical assistance and a healthcare provider agrees to provide it. This relationship is based on trust and mutual respect, imposing specific rights and obligations on both parties.

The patient has the right to receive competent and individualized medical care, to be informed about their condition and treatment options, and to give or refuse consent. They are also entitled to privacy and confidentiality of their medical information. The healthcare provider is obligated to act in the best interest of the patient, to provide care that meets professional standards, and to maintain confidentiality.

Key aspects of the Behandlungsverhältnis include the duty of care, the duty to inform, and the duty of confidentiality. The duty of care requires the provider to act with the diligence and skill expected of a reasonably prudent medical professional. The duty to inform ensures the patient understands their medical situation and the implications of proposed treatments, enabling informed consent. The duty of confidentiality protects the patient's personal health information from unauthorized disclosure.

This relationship is typically contractual, either explicitly or implicitly, and can be terminated by either party under certain conditions. A breach of the Behandlungsverhältnis can lead to legal consequences for the healthcare provider, such as claims for damages. Understanding this relationship is fundamental to patient rights and the ethical practice of medicine.