General treatment conditions Patient and doctor
The General Terms and Conditions of Treatment govern the contractual relationship for the treatment contracts concluded via the digital platform of The Body Clinic – leichter leben GmbH, address: Schöneberger Ufer 71, 10785 Berlin, represented by Dr. Udo Klotzki, (hereinafter referred to as “The Body Clinic”) between the patients (hereinafter referred to as “Customers”) and the doctors selected by them (hereinafter referred to as “Doctors”).
Preamble
The Body Clinic is a service company that cooperates with medical service providers from various specialties. The Body Clinic offers customers access to medical services in connection with medical weight reduction via a specially operated digital platform. The initial contact between the doctor and the patient takes place either in the form of a physical consultation at The Body Clinic’s practice premises or via video. The Body Clinic does not provide any medical services itself. Nor does it become a party to the treatment contract. If, following the initial contact, the cooperating doctor comes to the conclusion that further medical treatment is necessary and that the treatment is also suitable in the specific individual case to be continued as part of a video consultation, further medical treatment will be provided via the digital platform provided by The Body Clinic. Depending on the indication, medical treatment includes examination, advice and, if necessary, treatment for obesity.
The treatment contract for medical services in connection with medical weight reduction is concluded between the customer and the cooperating doctor.
1. duties of the doctor
- The doctor undertakes to provide medical services with the therapeutic goal of weight reduction. The treatment is carried out in accordance with the generally recognized professional standards existing at the time of treatment.
- The doctor is obliged to explain to the customer in a comprehensible manner at the beginning of the treatment and, if necessary, in the course of the treatment, all circumstances essential for the treatment, in particular the diagnosis, the expected health development, the therapy and the measures to be taken during and after the therapy.
- The doctor provides his medical services on his own responsibility, autonomously, independently and free from instructions. This also applies in particular in connection with the prescription of medicines. The doctor will refuse to prescribe a medicine if there is no indication or a contraindication for it. This applies regardless of whether the patient in question wishes the medicine to be prescribed. The doctor undertakes to comply at all times with the provisions of the professional code of conduct applicable to him in each case, the relevant chamber law and also the other statutory provisions.
- Before carrying out treatment by means of remote communication, the doctor is obliged to check whether this is medically justifiable as remote treatment in the specific individual case, whether the necessary medical care is guaranteed and whether the customer has been informed about the special features of remote treatment. Medical diligence is guaranteed if the necessary professional qualifications and compliance with the recognized state of medical knowledge can be guaranteed. If the doctor comes to the conclusion that the specific treatment is not suitable for remote treatment or that the doctor’s duty of care cannot be complied with, he/she will refuse the treatment.
2. obligations of the customer
The chances of success of the medical services provided with the aim of weight reduction depend largely on the information provided by the customer. The customer must therefore provide the information required to take a medical history truthfully and comprehensively. The customer must also disclose all circumstances that he/she considers to be important for the treatment, such as current complaints, previous illnesses, allergies, etc., even without being expressly questioned by the attending physician.
3. termination
- The customer may terminate the treatment contract at any time without giving reasons. Services already rendered shall be remunerated. In the event of termination after the start of treatment, the obligation to pay for measures already carried out remains in force.
- The doctor can only terminate the treatment contract for good cause. Good cause exists in particular if the relationship of trust is disturbed or the patient jeopardizes the success of the treatment. In such a case, the doctor undertakes to facilitate appropriate further treatment by another doctor.
4. data protection and medical confidentiality
- The doctor undertakes to create all the necessary conditions to ensure that medical confidentiality is observed.
- The doctor undertakes to comply with the relevant regulations on the protection of personal data, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). For the handling of the customer’s personal data by the doctors, please refer to the data protection declaration in Annex 4.2.