Who is liable for a mistake in a video consultation?
In short
Who is liable for a mistake in a video consultation? The doctor, just as in the surgery: in Germany, treatment by video must meet the accepted medical standard. Doctors working with statutory health insurance must hold liability cover of at least EUR 3 million per claim, and it pays your loss. Your health insurer helps you check the case. Claims usually become time barred after three years.
For patients, legal expenses insurance matters most. For doctors, the law sets minimum cover.
Example
Typical range
Legal expenses, single, age 30, four modules, EUR 300 deductible
about EUR 25 to 32 a month
Legal expenses, family, private, work and traffic
about EUR 251 to 978 a year
Compulsory liability cover of statutory insurance doctors
at least EUR 3 million per claim
Annual maximum of this compulsory cover
at least EUR 6 million
Guide values, October 2026, from published examples.
The amounts in the worked example are guide values from broker practice.
Worked example
Infected wound rated harmless by video
A patient shows a reddened wound in a video consultation. The doctor recommends ointment instead of booking him in. Blood poisoning follows, and he is ill for six weeks.
Hospital treatment
health insurer, recovered from the doctor's liability insurer
Lost earnings beyond sick pay
doctor's liability insurance, if the error is established
Pain and suffering
doctor's liability insurance
Report by the Medical Service
via the health insurer
Whether the doctor is liable depends on whether she could decide without an examination. A report via the health insurer is the best way to clarify that first.
A video consultation has the same standard as the surgery
A video consultation is medical treatment. Under section 630a BGB it must meet the generally accepted professional standards. A treatment error by video is therefore just as much an error as one in the consulting room.
Since 2018 the model professional code for doctors also allows treatment entirely at a distance, even for new patients, provided it is medically justifiable and due care is maintained.
Typical errors in a video consultation
The biggest risk of a video consultation is what the camera cannot show: the doctor cannot palpate, listen or measure. If she cannot judge safely by video what is wrong with you, she has to send you to the surgery or to an emergency department. Failing to do so can be the error itself.
Situation
Liability
Doctor sees by video that an examination is needed and books you in
correct, no error
Diagnosis by video although a physical examination was needed
possible treatment error, doctor liable
Necessary follow-up question not recorded
presumed not to have happened (section 630h (3) BGB)
Connection drops and the doctor does not get back to you
can be a breach of due care
You hide symptoms
your own contributory fault counts
Who pays after a mistake in a video consultation
If the doctor is liable, her professional liability insurance pays. For doctors in the statutory system, section 95e SGB V requires at least EUR 3 million for personal injury and property damage per claim. Your health insurer pays your treatment first and recovers it from the doctor (section 116 SGB X).
You personally are entitled to compensation for pain and suffering, loss of earnings and other costs. As a rule, you have to prove the error. There are easier rules of proof, for example for gross errors or missing records (section 630h BGB).
How your health insurer helps after a treatment error
Under section 66 SGB V, statutory health insurers should support members with suspected treatment errors. They review your documents, request further records with your consent and can arrange a report by the Medical Service (Medizinischer Dienst).
For a suspected error in a video consultation this is a good first step before you hire a lawyer. Ask the practice for the record of the video consultation from your patient file as well.
Deadlines and legal expenses cover
Claims for a treatment error become time barred after three years (section 195 BGB). The period starts at the end of the year in which you learn of the damage and of the responsible doctor (section 199 BGB).
Legal expenses insurance with a damages module pays lawyer and expert costs if the error happened after the policy started. Taking out cover only after the video consultation does not help for this case.
When you do not need a lawyer
If the video consultation was merely unpleasant and caused no harm to your health, there is no claim. And if you only doubt a diagnosis, a second opinion in a surgery is usually faster than a legal dispute.
Advice on legal expenses and medical liability
Norman Nammert works as an insurance broker (Versicherungsmakler) and can check whether your policies cover lawyer and expert costs after a treatment error, including one in a video consultation. The commission is paid by the insurer, so the advice is free for you.
Step by step
Write down the date, time and content of the video consultation immediately.
Ask the practice for a copy of your patient file.
Ask your health insurer for support with a suspected treatment error.
Get cover confirmation from your legal expenses insurer before hiring a lawyer.
Keep the three year deadline from the end of the year of knowledge in mind.
Checklist
Notes on the video consultation
Copy of the patient file requested
Reports from follow-up treatment collected
Health insurer informed
Legal expenses cover with a damages module checked
Common mistakes
Playing down symptoms in the video consultation
Waiting for the doctor instead of going to an emergency department when it gets worse
Letting the time limit expire
Taking out legal expenses cover only after the error
Questions and answers
Frequently asked
May a doctor who does not know me treat me by video?
Yes, since 2018 the model professional code allows it if it is medically justifiable and due care
is maintained.
Is a doctor less liable in a video consultation than in the surgery?
No.
The standard is the same.
If video is not enough, the doctor must book you in for an examination.
Who pays if the connection drops?
A technical drop is not a treatment error in itself.
It can lead to liability if the doctor does not follow up and harm results.
Do I have to prove the error?
As a rule, yes.
For gross errors, missing records or fully controllable risks,
section 630h BGB eases the burden of proof.
Does my health insurer help me for free?
Under section 66 SGB V, statutory health insurers should support you,
for example by reviewing documents and arranging a report by the Medical Service.
How long do I have to make a claim?
Usually three years, counted from the end of the year in which you learned of the damage and of
