Remote treatment
Permissible advertising measures
The Federal Court of Justice had to decide in a case under which conditions it is permissible to advertise remote medical treatment via app (ruling dated December 9, 2021, I ZR 146/20). In the dispute, a private health insurance provider offered diagnoses, therapy recommendations and sick notes via app. The services were provided by doctors based in Switzerland. The Central Office for Combating Unfair Competition saw this as a violation of the ban on advertising for remote treatments under the Law on Advertising in the Field of Medicine (Section 9 HWG).
BGH decision
The BGH upheld the action and considered the advertising in question to be a violation of the HWG. According to the BGH, the advertised services require the simultaneous physical presence of doctor and patient and are not possible within the framework of a video consultation. Online treatments via communication apps would only be possible in cases where, according to recognized standards, personal medical contact with the treating person is not required.
Foreign professional law irrelevant
In its reasoning for the ruling, the BGH emphasized that it is irrelevant in the specific case that doctors in Switzerland have already been allowed to provide remote treatment for years.
Status: February 25, 2022
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