What rights do I have when seeking second opinions?
March 15, 2022 | 50,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you because I am unsure of my rights when seeking second opinions in the medical field. In my current situation, I am faced with a serious medical diagnosis and my treating physician has recommended a specific treatment. As this decision will have a significant impact on my life, I want to make sure that the proposed treatment is the right one for me.
My concern is that I may not be aware of all available options and that the proposed therapy may not be the best for my health condition. Therefore, I would like to seek a second opinion to ensure that I receive the best possible treatment.
My question to you is: What rights do I have as a patient when seeking second opinions? Can I seek a second opinion without jeopardizing my current treatment? Are there any legal regulations that ensure my right to a second opinion? And how should I proceed to obtain a qualified and independent second opinion?
Thank you in advance for your support and advice in this important matter.
Sincerely,
Jens Busch
Dear Mr. Busch,
Thank you for your inquiry regarding your rights when seeking second opinions in the medical field. It is understandable that in this important and life-changing situation, you want to ensure that you receive the best possible treatment for yourself. I will now explain in detail what rights you have as a patient regarding second opinions.
As a patient, you have the right to seek a second opinion without jeopardizing your current treatment. This means that you have the right to seek a second opinion from another doctor or medical facility to ensure that the proposed therapy is the right one for you. Your treating physician cannot hinder this decision or put obstacles in your way.
There are also legal regulations that guarantee you the right to a second opinion. The Patient Rights Act regulates, among other things, the right to a second opinion. According to § 630e of the German Civil Code, patients have the right to seek a medical second opinion, especially in cases of serious diagnoses or planned interventions. This right is legally protected and safeguards your decision to seek a second opinion.
To obtain a qualified and independent second opinion, I recommend that you consult specialized doctors or medical facilities with experience and expertise in the field of your diagnosis. You can also seek advice from independent counseling centers or medical assessors to obtain an objective second opinion.
In any case, it is important that you openly discuss your intention to seek a second opinion with your treating physician. This can help avoid misunderstandings, and your doctor can assist you in finding a qualified second opinion expert.
I hope I have answered your questions sufficiently and am available for further consultation. Please do not hesitate to contact me if you have any further questions.
Sincerely,
Thomas Eiserfelder
Attorney specializing in medical law
