Can a doctor change my treatment without my consent?
April 4, 2022 | 50,00 EUR | answered by Thomas Eiserfelder
Dear Mr. Heinze,
I am reaching out to you with a question that has been on my mind for some time and to which I have not yet received a clear answer. A few weeks ago, I sought medical treatment due to health issues. My treating physician recommended a specific therapy, and I agreed to it because I trust his professional advice. However, my health condition has worsened in the last few days, and my doctor has informed me that he wants to change the treatment without obtaining my explicit consent.
This has made me very uncertain, as I have always assumed that a change in treatment can only occur with my consent. I am worried that an unwanted change in therapy could have negative effects on my health. Furthermore, I feel that my patient rights are not sufficiently protected.
Therefore, my question to you as a medical law expert is: Can a doctor change my treatment without my consent? Are there legal regulations or provisions that govern such procedures? How can I ensure that my interests as a patient are safeguarded and that I am involved in decisions regarding my treatment?
I thank you in advance for your support and look forward to your expert response.
Sincerely,
Gerd Heinze
Dear Mr. Heinze,
Thank you for your question and your trust in my expertise in the field of medical law. It is understandable that you may feel uncertain and concerned in this situation, as your doctor wants to make changes to your treatment without your explicit consent. As a patient, you have certain rights and it is important that these rights are respected to ensure that your health and well-being are at the forefront.
In general, a doctor may only carry out a treatment with the consent of the patient. This is an important principle in German medical law and is enshrined in § 630d of the Civil Code. The patient's consent is necessary for the doctor to begin a treatment or make changes to it. If a doctor performs a treatment without the patient's consent, it constitutes an infringement of the patient's right to privacy.
In your case, where your doctor is proposing a change to the treatment without your explicit consent, you should have a conversation with your doctor and clearly communicate your concerns and wishes. It is important that as a patient, you are involved in decisions about your treatment and that your preferences and concerns are heard.
If your doctor still makes changes to the treatment without your consent, you can contact the relevant medical association or a medical law attorney. There is the possibility to take legal action to protect your rights as a patient and ensure that you are appropriately involved in medical decisions.
It is important that you are aware of your rights as a patient and actively stand up for their enforcement. I recommend that you have a conversation with your doctor and consider taking legal action, if necessary, to ensure that your interests and well-being as a patient are protected.
I hope that my response is helpful to you and I am available for further questions.
Sincerely,
Thomas Eiserfelder, Attorney specializing in medical law
