Medical information forms
Information on early detection examinations
An ophthalmologists' association distributed a patient information leaflet to its members in which patients were first informed that there is a risk of developing glaucoma from the age of 40 years onwards, without any specific symptoms appearing. In this leaflet, the association promoted early detection examinations, which, however, had to be paid for by patients with statutory health insurance themselves.
No inadmissible confirmation of facts
The Federal Court of Justice (BGH) has seen in the reference to a possible early detection examination no inadmissible confirmation of fact and dismissed the action of a consumer protection association (judgment of 2.9.2021 III ZR 63/20). The ophthalmologists' information sheet informs patients about the risk of glaucoma and about the possibilities of early detection.
Independent rules
According to the BGH, independent rules developed by the case law of the BGH apply to the medical information. According to these, the physician's notes in the medical record can also be used.
Status: November 26, 2021
Image: sakkmesterke - stock.adobe.com
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