Can a doctor perform medical treatments without my consent?
February 19, 2023 | 50,00 EUR | answered by Jenny Richter
Dear Medical Lawyer,
I am reaching out to you with a question that has been weighing on my mind. My name is Emma Vöss and recently I had a doctor's appointment where I was supposed to undergo a routine examination. However, during the appointment, the doctor performed an additional treatment without my explicit consent, which I did not expect. This has left me feeling very unsettled and I am wondering if a doctor is actually allowed to carry out medical treatments without my consent.
I am concerned because I believe that I should have the right to decide on my own medical care. I feel limited in my autonomy and I am questioning whether this is legally acceptable. Can a doctor simply have control over my body without informing me or obtaining my consent?
My worry also lies in the fact that this treatment may have negative effects on my health. I want to ensure that my medical decisions will be respected in the future and that I will be given the opportunity to be informed and agree to my treatment.
Could you please explain to me whether a doctor is allowed to perform medical treatments without my consent and what legal steps I can take to protect my rights as a patient? I would like to know what options I have to ensure that my medical care in the future aligns with my wishes and needs.
Thank you in advance for your help and support.
Sincerely,
Emma Vöss
Dear Mrs. Vöss,
Thank you for your inquiry and your trust in my expertise in the field of medical law. It is understandable that you are concerned about the situation you experienced during your visit to the doctor. It is absolutely right that as a patient, you should have the right to make decisions about your medical care and be informed about treatments before they are carried out.
In medicine, the principle of informed consent generally applies. This means that a doctor may only carry out a treatment with your explicit consent. A treatment without your consent constitutes an infringement on your physical integrity and can have legal consequences. If a doctor performs a treatment without your consent, it is referred to as "treatment without consent" or "unauthorized treatment".
In Germany, medical treatment without the patient's consent is generally unlawful and can even have criminal consequences for the doctor. The doctor is obligated to inform you about all medical measures, provide you with the necessary information so that you can make an informed decision. You have the right to be informed about the risks, benefits, and alternatives of a treatment before giving your consent.
If you feel that your rights as a patient have been violated and a treatment was carried out without your consent, you can take various legal steps. Initially, you should have a conversation with your treating doctor and clearly express your concerns and dissatisfaction. If no satisfactory solution is found, you can contact the Medical Association or a medical law attorney to assert your rights.
It is important that you actively advocate for your rights as a patient in the future and ensure that you are informed about your medical care and give consent for treatments. You have the right to make your medical decisions yourself and should not hesitate to clearly communicate your wishes and needs.
I hope that this information is helpful to you and encourages you to stand up for your rights. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Jenny Richter
Medical Law Attorney
