Contract for treatment under German Civil Code

Bibliogr. s. 75-76

The aim of this article is a brief analysis of German Civil Code provisions on a treatment contract that were introduced in 2013 as a codification of rich case law. The key provisions of German regulation are evaluated from the perspective of Polish legal science. The article presents provisions referring to parties of a treatment contract and their duties, responsibility and information obligations of the treatment entity, patient's consent and conditions of its effectiveness, maintaining medical records and reversing the burden of proof in favor of a patient in situations of specific cases of medical malpractice, together with an indication of their interpretation. In the summary, the author expresses the de lege ferenda postulates. One postulate relating to medical law concerns the explicit determination of the nature of the relationship between a patient covered by statutory health insurance and a medical entity, whereas the general postulate on the law of obligations regards a contractual claim for damages for pain and suffering.