Although such incidents often result in severe consequences, many victims face years of legal battles before receiving any form of compensation. Experts have now urged the government to establish immediate financial support mechanisms for those affected.
Eugen Brysch, board member of the German Patient Protection Foundation, emphasized the need for urgent political action in a statement to the German Press Agency in Berlin. He called on the newly formed CDU-SPD coalition to implement faster compensation processes for victims of medical malpractice. Brysch proposed the creation of a compensation fund, to be financed through mandatory contributions from health insurers, hospitals, and medical professionals.
According to Brysch, earlier federal governments had already attempted to introduce such a fund, suggesting a minimum annual contribution of €60 million from insurers and healthcare providers. The fund would provide immediate aid to patients suffering from particularly severe harm. Although the current coalition agreement does not include this measure, Brysch argued that the issue must become a political priority.
The effects of medical errors can be devastating. In some cases, patients are left in need of long-term care, lose their sight, or suffer paralysis. In 2023, the Medical Service reviewed 12,438 suspected cases of treatment errors, confirming malpractice in 2,679 instances. Around one-third of these cases involved lasting damage, with 180 categorized as especially serious. The outcomes included permanent disabilities, and 75 patients were reported to have died due to medical mistakes.
Patients can also have potential errors reviewed by regional medical chambers. Most recently, 7,529 suspected cases were submitted to expert committees and arbitration boards, with 1,162 confirmed as treatment errors. However, many such cases are resolved directly between patients and healthcare institutions or through liability insurers, while others are settled in court. This has led to concerns about a significant number of unreported cases.
Studies suggest that the actual number of medical mistakes may be far higher than what is officially recorded. Brysch stressed that even when expert opinions confirm malpractice, pursuing legal claims is often a lengthy and complicated process. For over twenty years, professionals in the healthcare and legal sectors have been demanding the establishment of a compensation fund to ensure timely assistance.
In addition to financial support, Brysch advocated for stronger institutional safeguards for patients’ rights. He underlined the importance of a constructive error-reporting culture in both hospitals and private practices. The systematic reporting of critical incidents, already in place in some institutions, should be made mandatory across the healthcare system, he said.
