The Federal court of justice strengthens the rights of patients in case of Bungling by the dentist. You do not have to pay benefits that have been provided poorly, the Finisher can’t save.
The decision of the Supreme civil judge of the Supreme court in Karlsruhe on Thursday in the case of a patient from Bremen. The wife had a dentist eight implants, before she broke off the treatment due to complications. For the treatment, you should pay a fee of more than 34,000 euros.
Serious Treatment Errors
Finally, the higher regional court of Celle had decided that the doctor is entitled, in spite of the botched treatment of almost 17,000 euros – the re-use of the services was for the woman at least an Option.
The Supreme court sees it differently. A dentist could promise no Success. In the concrete case, but of serious treatment were errors from happening, the services provided are for the woman useless.
An expert in the process had all of the Hanover-manufactured implants, referred to as useless, because they are not positioned deep enough in the jaw bone were right and wrong.
For the more treatment there is, therefore, only the choice between plague and Cholera: Stay the implants in the jaw, must live in the woman years associated with an increased risk of ignition. You can remove, can damage the bone so that new implants.
Services in order to objectively and subjectively completely worthless
According to the BGH, the benefits are objectively and subjectively completely worthless. The applicant has no reasonable treatment option. Therefore, you have to pay for it.
Which Items are entitled to the fee invoice may be, it must now determine a different chamber of the higher regional court of Celle. There, the case will be re-negotiated and decided. (Az. III ZR 294/16)