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- Title
Vortrag zu Patientenverhalten bei richtigem ärztlichen Befund.
- Abstract
The article discusses a lecture on the behavior of patients in the case of a correct medical diagnosis. It addresses the data protection basis for the structural examination of medical data. It emphasizes that there is no deadline for the submission of documents and that the guideline for compliance with structural characteristics is only binding for the Medical Service. It is also mentioned that the hospital can receive a certificate regarding the result of the examination if it meets the structural characteristics. In the present case, it concerns a patient who is demanding compensation from the doctors and the hospital after medical treatment. The plaintiff was treated in the hospital for chronic pancreatitis and received a discharge letter with the diagnosis "no evidence of pathological changes". However, a subsequent pathological examination revealed suspicion of pancreatic carcinoma. The plaintiff argues that he would not have opted for the surgery if the diagnosis had been correct. The district court dismissed the lawsuit, and the appellate court confirmed this decision. The plaintiff then filed a complaint for non-admission, which was partially successful. The appellate judgment was overturned, and the case was referred back to the appellate court for re-examination.
- Subjects
APPELLATE courts; DISMISSAL &; nonsuit; DIAGNOSIS; PATHOLOGICAL physiology; LEGAL judgments; CHRONIC pancreatitis
- Publication
GesR: Gesundheitsrecht, 2024, Vol 23, Issue 5, p297
- ISSN
1610-1197
- Publication type
Article
- DOI
10.9785/gesr-2024-230512