AOK calls for lowering the burden of proof in the event of medical malpractice

by | Jan 26, 2026 | Health, Politics, Research

On the occasion of the nationwide Patient Day on 26 January, the AOK Federal Association reiterates its demand for a further development of patients’ rights. In particular, the burden of proof in proving treatment and care errors is to be reduced.

Patients currently have to prove not only an error and a damage, but also the causal relationship between the two. Due to the knowledge gap with doctors, this is often impossible for medical laymen. The AOK Federal Association proposes that in the future a preponderant probability of more than 50 percent will be sufficient for the causal relationship.

Symbolic image. Credits: Pixabay
Symbolic image. Credits: Pixabay

The association welcomes initiatives by the Federal Government’s Patient Commissioner in this direction and sees a need for further action in informing patients, strengthening them in the event of damage and enforcing claims for damages.

A regulation of the Federal Ministry of Justice on the right to an immediate and free first copy of the complete treatment file is positively highlighted. If approved by the Bundesrat, this will come into force. Medical practices and clinics must then provide the first copy free of charge on request, which is crucial for clarifying errors.


Editor: X-Press Journalistenbüro GbR

Gender Notice. The personal designations used in this text always refer equally to female, male and diverse persons. Double/triple naming and gendered designations are used for better readability. ected.

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