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Terms and Conditions for Expert-Report Instructions

Conditions for medical expert reports and statements by Doctor-medic Otilia Gudana.

1. Scope

These General Terms and Conditions apply to contracts for medical expert reports and specialist medical statements between Doctor-medic Otilia Gudana (the “expert”) and the instructing parties. Instructions from courts and public prosecutors are governed by the relevant instruction, procedural rules and the German Judicial Remuneration and Compensation Act (JVEG); these terms do not apply to those instructions. Deviating terms apply only if expressly confirmed in writing.

2. Formation of the instruction

An enquiry through the form is non-binding. The contract is formed by an instruction in text form and acceptance by the expert. Before assessment begins, the parties conclude a written fee agreement. Fees are billed privately to the instructing party. Statutory health insurance funds are not billed.

3. Scope of services

The expert prepares psychiatric and psychosomatic reports, statement credibility reports, reports on testamentary and contractual capacity, social medicine reports, second-opinion reports and specialist medical and methodological statements. Assessments follow recognised medical and scientific standards and the relevant guidelines. A particular outcome is not owed and cannot be grounds for reducing the fee.

4. Fees

Fees follow the written fee agreement, which defines the scope of services, basis of billing and anticipated timeframe. On request, the expert provides a cost estimate in advance. Fees quoted to companies and law firms are exclusive of statutory VAT; offers to consumers state the price including VAT. Advance payments are permitted.

5. Court instructions

For instructions from courts and public prosecutors, remuneration is governed by the JVEG. Performance, deadlines and cooperation follow the instruction and procedural rules. Sections 4, 6, 7, 8 and 9 do not apply to those instructions.

6. Payment terms

Invoices are payable in full within 14 days of receipt. Late payment attracts interest under Section 288 BGB. The expert may charge reasonable reminder costs based on actual expenditure.

7. Cancellations and missed appointments

Examination appointments are binding. Cancellation or rescheduling must reach the expert at least 24 hours before the agreed appointment. Receipt during normal contact hours is decisive; notices received later are deemed received on the next working day.

If an appointment is not cancelled in time or is missed, the expert may request reasonable compensation for the reserved time (Section 642 BGB). Expenses saved are deducted. The instructing party may prove that no loss or a smaller loss occurred.

No cancellation fee applies if the reason is reported without delay and, on request, substantiated. Such reasons include sudden, unforeseeable acute illness, an accident involving the person to be examined, unforeseen hospital admission, force majeure, inability to contact the expert for reasons attributable to the expert and agreed rescheduling before the 24-hour deadline. Provisions in the individual fee agreement on cancellations, missed appointments and advances take precedence.

8. Cooperation by the instructing party

A proper assessment requires cooperation by the instructing party, including complete and truthful information about the question, provision of relevant records and previous findings and attendance at agreed appointments. After the instruction has been clarified, the instructing party transmits health data and case-file contents via the encrypted channel specified by the expert.

9. Termination

The instructing party may terminate the contract at any time (Section 648 BGB). The expert may terminate for good cause (Section 648a BGB), for example lack of cooperation, a conflict of interest that becomes apparent later or inability to carry out an examination. Services provided up to termination are paid for.

10. Data protection and professional secrecy

The expert is bound by medical confidentiality (Section 203 StGB) and professional rules. Personal and health data are processed in accordance with the GDPR and BDSG. Details are set out in the privacy notice.

11. Withdrawal information for consumers

This section applies to consumers who conclude a contract through the enquiry form, by email or by telephone.

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise this right, you must inform us (Doctor-medic Otilia Gudana, Nussbaumstraße 14, 80336 Munich, telephone +49 177 4480329, email hello@healthog.org) of your decision to withdraw by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but this is not mandatory. To meet the deadline, it is sufficient to send your withdrawal notice before the withdrawal period expires.

Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments received from you without undue delay and no later than fourteen days from the day we are informed of your decision to withdraw. We will use the same means of payment you used for the original transaction unless expressly agreed otherwise; you will not incur any fees as a result of reimbursement. If you requested that services begin during the withdrawal period, you must pay an amount proportionate to the services already provided up to the time you informed us of your withdrawal, compared with the full scope of services under the contract.

Early expiry: Your right of withdrawal expires if we have fully performed the service and only began performance after you expressly consented and acknowledged that you would lose your right of withdrawal upon complete performance.

Model withdrawal form. If you wish to withdraw from the contract, please complete and return this form. To Doctor-medic Otilia Gudana, Nussbaumstraße 14, 80336 Munich, email hello@healthog.org: I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: ____ Ordered on (*) ____ Name of consumer(s) ____ Address of consumer(s) ____ Signature of consumer(s) (only for notification on paper) ____ Date ____ (*) Delete as appropriate.

12. Final provisions

German law applies. The place of performance is Munich. The place of jurisdiction for merchants within the meaning of the HGB is Munich; statutory rules apply to consumers. The expert does not participate in dispute resolution before a consumer arbitration board. If any provision is invalid, the remaining provisions remain effective.

Last updated: October 2026.