Medical Liability Law and Foreign Patient Protection in Germany

In Germany, patients – whether citizens or foreign visitors – are legally protected against medical errors. The medical liability law (Ärztliche Haftpflicht) obliges doctors and hospitals to compensate for proven harm.

What is Medical Liability Law? A civil law framework (§ 823 BGB) requiring compensation if professional mistakes cause injury. Applies to diagnosis, surgery, nursing, medication, etc.

Protection for Foreign Patients Foreign patients receive the same rights as German patients if treated in Germany – including tourists, refugees, temporary residents, or emergency cases.

Covered Cases

• Misdiagnosis (e.g., tumor mistaken for cyst)

• Unnecessary surgery without alternatives explained

• Surgical error (tools left inside body)

• Wrong medication causing allergy

• Lack of informed consent

Burden of Proof Usually on the patient, but eased if:

• Gross error (grober Behandlungsfehler)

• Missing documentation

• Missing/insufficient consent

Mandatory Liability Insurance Doctors and hospitals must carry insurance covering:

• Further treatment costs

• Pain and suffering compensation

• Loss of income

• Legal expenses

Steps for Foreign Patients

• Request medical records

• Consult medical law attorney

• Contact medical chamber or patient protection office

• Use hospital/insurance mediation services

Can lawsuits be filed from abroad? Yes, via German lawyers. Some cases resolved by medical chamber arbitration without court.