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HKP presented without explanation, and signed without understanding


22.11.2010 16:53 |
Preis: ***,00 € |

Medizinrecht



Dentist informs a patient that she needs a root treatment on one tooth, which would involve removing the old fill, treating the root, and putting a new fill in. The patient wants to know ahead how much the treatment would cost her (especially because with dental treatments, it is unclear to her how much the insurance would cover and how much she would have to pay personally). The dentist says, approximately 400 euros. She agrees, signs an agreement ("Vereinbarung einer Privatbehandlung") for ca. 380 euros, and the treatment starts.

The treatment involves several appointments, and sometime during one of the appointments, the doctor asks her to sign another paper, "which needs to be sent to the insurance company for approval". The patient looks over the paper briefly and thinks that because "it needs to be sent to the insurance company for approval", it is the sum that the insurance company should pay. She thinks her signature is needed as a mere formality and signs it. The doctor takes away the paper and says he will send it to the insurance company.

Immediately following the treatment, she receives a bill of ca. 380 euros and pays the bill. After a month, however, she gets another bill for ca. 800 euros and learns that the ceramic crown that she got was an additional service with extra costs. Moreover, the doctor's office informs her that she signed the HKP for this extra service and therefore must pay. Only then the patient realizes that the paper "for the insurance company's approval" that she had signed was a so-called HKP, and the sum indicated on it was actually an amount that she was supposed to pay, and not the insurance company.

My question is: Given the fact that my doctor knew I did not speak German well, was he not supposed to explain to me that by signing that additional paper "for the insurance company's approval", I was in fact signing to pay personally an additional sum of 800? Must I now pay this bill only because they have my signature? Please note, that if I had fully understood that I was supposed to pay 800 extra, I would not have agreed to receive the ceramic crown.

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Dear questioner,

thank you for your question. I will answer only on the basis of that you told, and that answer because of the complexity of the facts on the one hand and me under the contract available to only two-hour processing time on the other hand can only be approximate.

After your account you have with the dentist a treatment contract concluded for the treatment and agreed a fee of € 380,00. Then the dentist may not exceed this amount significantly. The agreement on the fee has to be concluded before treatment and in writing.
It is later that the treatment would be more complicated than the next-sight was and the fee of 380 € would not be covered, the dentist will inform you. If he fails, he is not entitled to an additional fee. But the only transmission of the HKP creates not a higher fee. However, should the dentist for the preparation of the HKP may ask a separate fee.
You should still tell me whether your health insurance has submitted a permit of the HKP. Moreover, I would have to know if you have your consent to the HKP declared understanding to a higher fee. If this is not the case, the dentist has no further fee shall.
Ask for the dentist to answer your health insurance.
The second invoice, you do not pay.

I hope to provide you an initial legal orientation with what I have explained.
Please understand that a final legal assessment of your problem to know the full facts and all the available documents required. As part of this forum, the models represent only an initial assessment of attorney.

I therefore recommend that you wear a / n, lawyer / attorney of your confidence in supervised, if you wish to receive a final assessment. Please note, however, that it may incure additional costs.

I am also happy to assist you in further implementation of your interests are available. If you prefer, you can contact any time with me.

Yours sincerely,
(Winkler)
Lawyer


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