Behandlungsvertrag

Behandlungsvertrag is the German term for a contract between a patient and a physician or other health care provider. In this contract, the physician undertakes to diagnose, advise, treat and care for the patient within the agreed scope, and the patient agrees to undergo the treatment and to pay the agreed fees. The Behandlungsvertrag is a form of medical service contract under the German Civil Code (Bürgerliches Gesetzbuch, BGB), with key provisions found in the sections relating to Behandlungsverträge (notably around 630a and following) and supported by patient rights legislation.

Formation and core content. The Behandlungsvertrag typically arises when a patient seeks medical care and the practitioner accepts the case. A central element is informed consent: the physician must provide sufficient information about the diagnosis, proposed procedures, expected benefits, possible risks, and alternative options, and the patient must freely consent to the planned treatment. In emergencies, life- or health-saving treatment may proceed without prior consent, and decisions for patients lacking capacity are governed by guardianship rules.

Duties and cooperation. The doctor’s duties include professional care, accurate diagnosis and treatment, proper documentation, and the obligation to maintain patient confidentiality. The patient is expected to provide truthful information, follow reasonable medical instructions, and cooperate with follow-up care and aftercare. The contract may also cover the timing and scope of appointments, and the obligation to bear treatment costs.

Liability and termination. If treatment falls short of professional standards and causes damage, liability can arise under contract or tort law, with remedies including damages or correction of the treatment. The agreement ends with successful completion of treatment or by mutual or unilateral termination, subject to ensuring ongoing care and any outstanding obligations.