Current patient education problems for the physician

Every medical treatment which involves risk to the patient requires the informed consent of the patient. Taking into account the fundamental right of the patient to remain physically unscathed and the right of self-determination, proper information must be given to the patient regarding typical risk...

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Bibliographic Details
Published inKongressband. Deutsche Gesellschaft fur Chirurgie. Kongress Vol. 118; p. 701
Main Authors Ehlers, A P, Heinzelmann, W
Format Journal Article
LanguageGerman
Published Germany 2001
Subjects
General Surgery - legislation & jurisprudence
Germany
Humans
Informed Consent - legislation & jurisprudence
Malpractice - legislation & jurisprudence
Patient Education as Topic - legislation & jurisprudence
Germany
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Summary:Every medical treatment which involves risk to the patient requires the informed consent of the patient. Taking into account the fundamental right of the patient to remain physically unscathed and the right of self-determination, proper information must be given to the patient regarding typical risks. This is a prerequisite to patient consent. In this regard, the law makes strong demands. Even in cases where medical treatment is unsuccessful due to complications beyond the physician's control, the physician is still held liable (even if there was no fault found in his medical treatment) if he had not properly informed his patient of the risk involved in the procedure or he cannot prove that he had informed the patient. The following paper explains the legal demands of the duty to inform patients along with examples of precedents.
ISSN:1868-1050