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As soon as a patient enters into a treatment relationship with a doctor, a treatment agreement is established, the rights and obligations of which are largely laid down in the WGBO (Medical Treatment Agreement Act). Contractual freedom is limited here: statutory patient rights may only be deviated from if this is to the patient's advantage. Below, you can read about the patient's rights and obligations and what this means for healthcare providers.
What is a treatment agreement?
A treatment agreement is established when a patient enters into a treatment relationship with a doctor or healthcare provider. In principle, parties are free to determine the content of an agreement, and freedom of contract is the guiding principle for treatment agreements as well. Nevertheless, the WGBO imposes a number of mandatory rights and obligations that limit this freedom.
How does the WGBO restrict contractual freedom?
The WGBO grants the patient certain rights from which deviations are only permitted if they are to the patient's advantage. A striking example: a patient can terminate the treatment agreement without giving a reason, whereas the doctor does not simply have that right. This cannot be deviated from to the detriment of the patient. In addition, the WGBO contains provisions regarding, among other things, the quality of care provision.
Right to information and access to medical records
The patient has the right to clear information about the treatments, his health condition, and the examinations. This includes:
- the right to inspect the medical record and request a copy thereof;
- the right to have an error in the file corrected.
In the event of a request for access, the doctor must provide access as soon as possible, in any case within one month. In some cases, the doctor may refuse this, for example if the file also contains data about others and their privacy would be violated.
Adding and destroying the medical record
The patient may have a personal statement added to the file and may request the destruction of (part of) the file. As a rule, the doctor proceeds with destruction within one month of that request. Refusal is permitted in certain cases, for example if the information is of great importance to others — consider data regarding hereditary diseases, which may be important for surviving relatives. TODO_VERIFY: the statutory retention period for medical records and the exceptions to destruction may change — check the current WGBO provisions.
Other patient rights
- Right to consultation: the doctor does not decide unilaterally on the treatment. He may propose a treatment, but the patient may reject that proposal (consent requirement).
- Right not to know: the patient may ask not to receive information.
- Right to a second opinion.
- Right to privacy, which includes the professional secrecy of the healthcare provider.
Duties of the patient
Opposite these rights are also obligations. The patient must:
- cooperate as well as possible with the treatment;
- inform the doctor well and fully;
- pay the care provider or care institution (the payment obligation).
Frequently Asked Questions
Can a patient simply terminate the treatment agreement?
Yes. The patient can terminate the agreement without giving a reason. The doctor does not have that right automatically; stricter requirements apply to him.
Within what timeframe must I be given access to the medical file?
As soon as possible, and in any case within a month. In exceptional cases, the doctor may refuse access, for example to protect the privacy of others.
May a doctor refuse a request to destroy the file?
In certain cases, yes, for example if the information is of great importance to others, such as in the case of hereditary diseases. Generally, the doctor proceeds to destroy the data within a month.
What duties does a patient have?
Cooperate with the treatment, inform the doctor properly, and pay the healthcare provider.
Questions about the treatment agreement or the WGBO?
The WGBO imposes strict requirements on the treatment relationship, the medical record, and patient privacy. Whether you are a healthcare provider or a patient: in the event of questions or a dispute, you are in a stronger position with sound legal advice.
Our health law and privacy are happy to assist you. Schedule a no-obligation intake consultation.
