INFORMATION MUST BE PROVIDED ABOUT THE TYPE AND SEVERITY OF THE DANGERS AND HARMFUL CONSEQUENCES.
14.08.2013
If a patient is treated by a doctor or a member of a nursing profession, a treatment contract is concluded - except in emergencies. This includes the obligation to provide treatment and the obligation to pay the treatment fee.
However, it also includes secondary obligations, particularly with regard to information and documentation. According to case law, the medical information should enable the patient to understand the implications of his decision. He can only do this if he has been adequately informed about the possible consequences. For example, the type and severity as well as possible dangers and harmful consequences must be explained. However, the doctor is not obliged to point out all conceivable consequences. If treatment is carried out without adequate information, the doctor is liable for the consequences even if he has not made a mistake, unless he can prove that the patient would have consented if he had been informed. The extent of the obligation to provide information depends in particular on the urgency of the procedure. The obligation to document is just as important. The patient's condition, advice, medical history, diagnosis, course of the illness, information, and the type and extent of the treatment must be documented. If the doctor does not do this, the burden of proof is reduced in any legal proceedings. It is assumed that an undocumented measure was not carried out. The obligation to provide information and documentation is often perceived as annoying and unnecessary. Nevertheless, only they ensure that interventions are actually based on free decision and that treatment processes are also documented (in a comprehensible manner!).