Can a doctor change my medical treatment without my consent?
May 23, 2024 | 50,00 EUR | answered by Laura Vollmann
Dear Medical Law Attorney,
I am reaching out to you with a question regarding my medical treatment. My name is Bernhard Bauer, I am 45 years old, and I have been suffering from a chronic illness for some time now, for which I am regularly treated by my doctor. Lately, however, I have been feeling that my symptoms are worsening and the current therapy is no longer sufficiently effective.
I have now learned that my doctor may be planning to change my medical treatment without my explicit consent. This is causing me great concern, as I believe that as a patient, I should have the right to make decisions about my own medical care.
Therefore, my question to you as an expert in medical law is: Can a doctor change my medical treatment without my consent? What are the legal principles and requirements in this regard? Are there any exceptions in which a doctor may intervene without the patient's consent?
I would greatly appreciate your assessment and possible solutions, as I am unsure about how to proceed in this situation. Thank you in advance for your help.
Sincerely,
Bernhard Bauer
Dear Mr. Bauer,
Thank you for your inquiry regarding your medical treatment and the issue of consent for medical procedures. As a medical lawyer, I would like to address your question in detail.
In Germany, the principle of informed consent applies, which means that a patient generally has the right to participate in decisions about their own medical care. This means that a doctor usually cannot change or perform a medical treatment or therapy without the explicit consent of the patient.
The legal basis for this can be found in the Civil Code (BGB) and the Patient Rights Act, among others. It is stipulated there that a doctor must inform the patient about the nature, scope, execution, expected consequences, and risks of a planned treatment. Only after the patient has been fully informed about all relevant aspects can they give their consent for the treatment.
However, there are exceptions in which a doctor may act without the patient's consent. For example, in cases of a medical emergency where there is no time to fully inform the patient. In such cases, the doctor can act in the best interest of the patient and take life-saving measures even without explicit consent.
In your case, if you feel that your symptoms are worsening and the current therapy is no longer effective, it is important to talk to your doctor about it. You have the right to ask for more information, discuss alternative treatment options, and make a decision together with your doctor.
If your doctor still makes changes to your treatment without your consent, it is advisable to seek legal advice and take further steps if necessary. In such cases, a medical lawyer can help you defend your rights as a patient and potentially make claims for damages.
I hope this information is helpful to you and I am available for any further questions. Thank you for your trust and all the best for your medical treatment.
Sincerely,
Laura Vollmann, Medical Lawyer
