Der Abschluss des Arztvertrages durch einen minderjährigen Patienten Buchkatalog

When engaging the services of a doctor one has to distinguish between the conclusion of the treatment contract and the consent to the medical procedure. While for the latter, according to the common opinion, the cognitive faculty and controllability of the patient is crucial, the qualification to enter a contract depends on the legal capacity. Before the author attempts to find a solution for the divergence, that arises with the treatment of a minor, the treatment contract with its contractual obligations as well as the differences between patients with statutory and private health insurance are analyzed in detail with regards to the legal capacity.