Failure fee

Author: Prof. Dr. med. Peter Altmeyer

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Last updated on: 29.10.2020

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Synonym(s)

Cancellation fee in the event of the patient not keeping his appointment; Failure to keep appointments

Definition
This section has been translated automatically.

If an appointment is made between the doctor and the patient, a contract of service has been concluded between the two partners. This allows the physician to demand remuneration in accordance with § 611, 612 BGB (German Civil Code) when the patient appears for treatment. It becomes controversial if you cannot provide your service because the patient has not appeared.

Compensation: This is only to be paid if the doctor can be proved to have caused damage. An ordering practice alone does not constitute proof. If the physician orders an ordering practice and can prove that he does not introduce another patient at the same time, this proof should be easier to obtain.

Written agreement before outpatient operations: A written agreement should state that the appointment is exclusive and that the patient has been granted an exclusive appointment. The reference that in case of non-appearance, the right to remuneration is to be added.

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Last updated on: 29.10.2020

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