Legal situation regarding loss fees: This is what the North Rhine-Westphalia Consumer Center says

Legal situation regarding loss fees: This is what the North Rhine-Westphalia Consumer Center says

According to a report by rp-online.de, it is permissible for medical practices to charge cancellation fees from patients who do not attend agreed appointments or do not cancel them in a timely manner. This is confirmed by the experts at the North Rhine-Westphalia Consumer Center in Moers and quotes health law expert Sabine Wolter. Courts have not yet made consistent decisions on this issue, but there are certain cases in which contingency fees are legal.

From a legal perspective, the doctor-patient relationship is a treatment contract according to Section 630a BGB. This means that doctors are obliged to provide the agreed treatment and patients are obliged to pay if the health insurance company does not cover the treatment. From a medical perspective, patient no-shows can significantly disrupt the practice and in some cases doctors' practices may therefore charge cancellation fees.

Particularly specialized practices with longer waiting times or practices that have to make extensive preparations for planned procedures are generally entitled to charge cancellation fees. The doctor's practice may be entitled to compensation if it has suffered a loss of earnings because the vacant appointments could not be filled.

Refusing treatment for patients is generally permitted if there is no emergency. However, practices with health insurance approval must have a valid reason for the rejection. From the patient's perspective, a one-time short-term cancellation should be viewed differently than repeated unexcused no-shows. Even a short-term acute illness should not result in a fee.

It is recommended that medical appointments be canceled as early as possible, either by telephone, email or through a representative. If an agreed doctor's appointment is postponed by mutual consent, the requirement for a cancellation fee does not apply. If a cancellation fee is still due, both privately insured and legally insured patients have to pay it themselves, as the health insurance companies do not cover it.

These regulations can have an impact on the market and consumers. Patients should be aware that last-minute cancellations or no-shows can result in lost fees, while medical practices have the opportunity to make a claim if they lose revenue. It is important that patients and practices are aware of their rights and responsibilities in order to avoid conflicts.