A doctor who uses the term for his practice "Is used, is obliged to work with at least one other doctor and also to use shared rooms. That was decided by the Medical Professional Court of Lower Saxony.
In the present case, doctor with the addition “Center for. . . ”Advertised his practice, although he only occasionally worked with other doctors on consultative basis, whose exact locations were deliberately not disclosed to the patients. In the opinion of the professional court, the designation of the practice as “center” is therefore not permissible. The doctor was therefore guilty of unprofessional advertising and thus violated the professional code. According to Section 27, Paragraph 3, Clauses 1 and 2 of the Lower Saxony Professional Code, doctors are prohibited from advertising that is contrary to their profession. This includes, in particular, promotional, misleading or comparative advertising.
In its judgment, the professional court also refers to decision of the Federal Constitutional Court (BVerfG) of March 7, 2012 (Az .: 1 BVR 1209/11) . In it, the Federal Constitutional Court declares that the legislature has legally defined the term “medical care center” in Section 95 (1) sentence 2 of the Book V of the Social Code. According to this, “medical care center” is only considered to be one if at least two doctors have joined forces there. In the opinion of the BVerfG, the fact that this legal definition can affect the understanding of the general term "center" is absolutely necessary.
According to ruling by the State Social Court (LSG) Berlin-Brandenburg, center also means that the two doctors have shared premises. Because the term “center” excludes division of individual service sections or service areas into several, possibly scattered service locations (LSG Berlin-Brandenburg, judgment of 10 December 2014, Az .: L 7 KA 802/13). Attorney Barbara Berner
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