The Federal Court of Justice (BGH) strengthens the rights of patients who have been arrested by the dentist. You do not have to pay for services that are so badly executed that aftercare can not save anything.
This was decided by the highest civil judges in Karlsruhe in the case of a patient from Bremen. The woman had a dentist place eight implants before she stopped treatment because of complications. She has to pay a reimbursement of more than 34,000 euros for the treatment.
Most recently the Supreme Court Celle decided that despite the failed treatment, the doctor was entitled to just under 17,000 euros – the reuse of the benefits for the woman "at least an option". The BGH sees that differently. A dentist can not promise success. In the concrete case, however, serious treatment errors had occurred, the services rendered were useless to the woman.
An expert in the process had described all implants made in Hannover as unusable because they were not deep enough in the jaw bone and were placed incorrectly. For further treatment there is therefore only the choice between "plague and cholera": if the implants remain in the jaw, the woman must live for years with an increased risk of inflammation. If you remove them, the bone can be damaged in such a way that new implants can no longer be retained.
According to the BGH, the performance is "objectively and subjectively completely worthless". The applicant does not remain a reasonable treatment option. That is why she does not have to pay.
Which items on the fee bill may be eligible, must now determine another room of the OLG Celle. There the case is renegotiated and decided. (Az III ZR 294/16) (dpa)