Can a doctor perform treatment without my consent?
March 23, 2023 | 50,00 EUR | answered by Laura Vollmann
Dear Sir or Madam,
I am writing to you with a question regarding my rights as a patient. Recently, I visited my doctor and discovered that he wanted to carry out a treatment without my prior consent. This has made me very uneasy and I am wondering if a doctor is actually allowed to perform a treatment without my consent.
My name is Gabriele Eberstark and I suffer from a serious illness, which requires regular medical treatments. In the past, I have always actively participated in decisions regarding my treatment and have informed myself about possible therapies. Therefore, it was surprising and concerning to me when my doctor suddenly wanted to start a treatment without my approval.
I am concerned about my rights as a patient and I wonder if a doctor actually has the right to carry out a treatment without my explicit consent. Are there legal regulations or ethical guidelines that authorize him to do so? And how can I protect myself in the future to ensure that my decision-making autonomy as a patient is respected?
I would be grateful if you could provide me with information about my rights as a patient and suggest possible steps I can take to ensure that my consent is respected in medical treatments.
Thank you in advance for your assistance.
Sincerely,
Gabriele Eberstark
Dear Mrs. Eberstark,
Thank you for your question regarding your rights as a patient in relation to consent for medical treatments. It is important for you to be informed about your rights and options to ensure that your decision-making autonomy is respected.
In Germany, the principle of informed consent applies. This means that a doctor requires your consent before carrying out a medical treatment. Without your explicit consent, the doctor cannot take any measures unless there is an emergency situation where there is no time for detailed information and obtaining consent.
If a doctor still performs a treatment without your consent, it constitutes an infringement on your autonomy and is not legally permissible. In such a case, you can take legal action and claim damages.
To ensure that your consent is respected in medical treatments, it is important for you to actively participate in decisions about your health. Speak openly with your doctor about your concerns and wishes. Clarify all questions you have together and be thoroughly informed about possible therapies and risks.
Furthermore, you have the right to seek a second opinion and, if necessary, seek support and advice from a patient representative or a mediation office. It is important for you to be informed about your rights as a patient and actively demand them to ensure that your decision-making autonomy is respected.
I hope this information helps you and that you are better informed in the future on how to protect your rights as a patient. If you have any further questions, I am at your disposal.
Sincerely,
Laura Vollmann
