anesthesiologists can make claims for information and damages hospital has outpatient operations carried out on its premises in way that is not covered by the relevant provisions of SGB V. This has been decided by the Federal Social Court (BSG).
The status of contract doctor may mean that contract doctor can have claim for damages against competitor who does not comply with the requirements for outpatient care. Because the AOP contract agreed to specify Section 115 b SGB V is intended to balance the interests of the groups described. Based on the UWG regulations, this means that service provider may be obliged to provide information and to pay compensation to competitor if the latter violates legal provision such as § 115 b SGB V in connection with the AOP contract, which also affects the competitive behavior of doctors and hospitals with one another.
The action of the defendant hospital to carry out outpatient operations in the hospital by employed anesthetists in cooperation with surgeons licensed by contract doctors constitutes violation of § 115 b SGB V and AOP Contract. Within the scope of § 115 b SGB V there are only two types of forms of cooperation in which hospital can carry out outpatient operations or participate in them: Carrying out the outpatient operation by hospital surgeon or by an attending physician working at the hospital Anesthesia services by doctor at the crane kenhauses are provided. The constellation in the AOP contract that hospital anesthetist is involved in outpatient operations carried out by contract doctor is not listed in the AOP contract. The hospital's surgeon can only be doctor who works on full or part-time basis. The term “hospital surgeon”, on the other hand, would be overstretched if one wanted to assign him doctor who is only used by the hospital as freelancer. (BSG, judgment of March 23, 2011, Az .: B 6 KA 11/10 R) Attorney Barbara Berner