Briefing
The Health Committee of the German Bundestag is holding a public hearing on Wednesday, 11 November 2026, on amendments to the Patients’ Rights Act. The event is listed in the committee’s schedule. The subject is proposed changes to liability issues, the rules of evidence and expert assessments in medical malpractice proceedings.
According to the available materials, three areas of regulation are at the centre of the discussion. First, easing the burden of proof in favour of patients in certain circumstances is being considered, for example in cases involving documented hygiene deficiencies or incomplete records. Second, requirements for medical experts are to be clarified and raised, including through mandatory additional qualifications for medico-legal assessments. Third, possible financial and organisational consequences for statutory health insurance funds and healthcare providers are being assessed.
The positions attributed to the various parties differ. Patient organisations, according to the statements they have submitted, support strengthening the legal position of those who have suffered harm and expect better investigation of disputed courses of treatment. Doctors’ associations and accident and liability insurers, by contrast, warn of greater legal uncertainty, an increase in expert assessment proceedings and higher costs. The The German Medical Association points in its own statement to the effects on healthcare processes and calls for clear criteria for expert reports and record-keeping requirements.
The hearing is a formal interim step in the legislative process. On the basis of discussions with experts, the Health Committee will consider possible amendments to the draft and prepare recommendations for the plenary session. Coalition groups and opposition groups will then decide whether to proceed with the draft as amended or unchanged. The German Bundestag provides details of the proceedings, invited experts and further dates.
Background: Since 2013, the Patients’ Rights Act has brought together key patient rights, including the right to information, consent, documentation and access to records. According to the bill’s sponsors, the changes now under discussion aim to clarify procedural matters in medical malpractice liability and standardise the handling of expert reports. The specific effects on medical malpractice liability and funding within statutory health insurance will depend on the final form of the legislation, which will be decided through discussions following the hearing.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).