Berlin – November 09, 2026 -- Patients in Germany could soon find it easier to prove they were harmed by a medical error: 65 percent of people surveyed by forsa for the AOK Federal Association say the hurdles for proving causation are too high, and only 14 percent consider them appropriate.
The Bundestag's health committee is due to discuss a Green Party draft to develop the Patient Rights Act on Wednesday, 11 November. The AOK Federal Association largely backs the draft and has published its own position paper that goes further.
Victims currently have to prove the link between error and harm
Under current rules, patients must show an error, a harm, and that the error caused the harm. AOK board member Dr. Carola Reimann says laypeople usually cannot do this. The AOK proposes that proof of causation counts as established if the link is more than 50 percent likely, via a change to § 630h paragraph 1 of the Civil Code (BGB). The Greens' draft also includes easier proof.
The survey also found 40 percent of respondents have at some point felt they were treated incorrectly or had problems due to treatment errors. And 94 percent want practices and clinics to be required to inform patients automatically when an error occurs. The AOK suggests rewording § 630c paragraph 2 sentence 2 BGB to require this, even without the patient asking.
Most people want to know who made their implant and who operated
For artificial joints, 70 percent rate it as important or very important to learn the implant manufacturer's name. 71 percent say the same about the name of the operating surgeon. The AOK proposes that manufacturer information be passed to the patient's health insurer through a change to the ordinance on operating and using medical devices, and rewording § 630c paragraph 2 sentence 4 BGB for the surgeon's name.
Half of Germans feel poorly informed about their rights
46 percent feel well or very well informed about patient rights, while 50 percent feel rather or very poorly informed. Knowledge is strongest on one point: 78 percent correctly know doctors must explain benefits and risks before selling individual health services (IGeL). 77 percent are right about being informed on treatment alternatives, and 66 percent about receiving a first copy of their records free of charge.
A majority of 55 percent wrongly believe all practitioners in Germany must carry liability insurance. Such a duty exists only for some. The AOK submits proposals to close this gap, including coverage for medical device risks.
Only 40 percent know insurers must help with suspected errors
Just 40 percent correctly know that health insurers must support members free of charge in clarifying and enforcing their rights after a suspected treatment error. Last year, the eleven regional AOKs carried out more than 17,000 initial consultations on suspected treatment and care errors. They typically request records plus medical opinions and expert reports from the Medical Service (MD). In 2025, the AOKs recovered over 50 million euros for their members through damage claims against practitioners.
The forsa survey questioned 8,605 people aged 18 and over between 31 August and 23 September 2026, by telephone and online.