In the run-up to World Patient Safety Day, the AOK Association has pointed out the continuing high number of suspected cases of treatment and care errors and called for comprehensive legal reforms. According to the eleven AOKs, a total of 16,660 new cases were reported in 2024. In just under 29 percent of the conclusively audited processes, expert opinions from the Medical Service confirmed an error or damage caused by a medical device. This means that the rate was almost at the level of the previous year.

Most reports of suspicion came from orthopedics and trauma surgery, followed by general surgical specialties, gynecology and obstetrics, internal medicine and dentistry. Of the total cases reported, 5,335 were investigated in depth. In more than a quarter of the cases examined, this resulted in evidence of an error.

In a new position paper, the AOK therefore calls for a strengthening of patients’ rights. The central point is to ease the burden of proof: instead of complete causal evidence, a preponderant probability of more than 50 percent should be sufficient in the future. In addition, the health insurance company requires legally unhindered access to treatment records, including electronic metadata that provides insights into access and change histories. The transfer of an ECJ ruling on the free first copy of patient files into national law is also one of the demands.

The AOK sees a particular need for improvement in the detection of damage caused by pharmaceuticals. According to the fund’s assessment, it is almost impossible for those affected to assert claims in a legally valid manner. A legal adjustment is overdue here in order to enforce the rights of patients in the event of damage.

According to the health insurance company, there is a further need for reform in the ownership of explanted medical devices such as prostheses. These would have to be kept for at least three years in order to be used as evidence in trials. In addition, information about the products used should be documented in billing data in order to clarify grievances more quickly

In its proposals, the AOK also advocates actively informing those affected about errors and damage that have occurred. In this way, transparency is to be increased and the implementation of obligations from European requirements is to be guaranteed.

In addition to supporting insured persons in legal action, the AOK also acts in recourse proceedings against service providers. In 2024, the volume of claims for damages enforced amounted to just under 50 million euros. These funds flowed back into the community of insured persons and were thus at the level of the previous year.

The health insurance company points out that it has been operating its own treatment error management for 25 years. These experiences fed the current demands, which from the AOK’s point of view show an urgent need for action.

Position paper for download (PDF)

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.