What are the duties of a doctor regarding informing the patient about the risks and side effects of a treatment?
July 12, 2023 | 50,00 EUR | answered by Jenny Richter
Dear Medical Law Attorney,
I am reaching out to you because I am feeling uncertain about a doctor's obligation to inform patients about the risks and side effects of a treatment.
My name is Georg Heck and I recently underwent a medical treatment. During the pre-treatment consultation, some risks and side effects were mentioned to me, but I feel like not all possible consequences were thoroughly explained. Now I am worried whether the doctor fulfilled his duty to inform me properly and if I may not have been sufficiently informed.
I am wondering what specific obligations a doctor has in terms of informing the patient about the risks and side effects of a treatment. Are there specific laws or guidelines that regulate this duty of information? How can I, as a patient, ensure that I am fully informed about all potential risks before undergoing a treatment?
I would greatly appreciate it if you could provide me with an assessment of my situation and suggest possible solutions on how I can ensure that my patient information is appropriately provided.
Thank you in advance for your support.
Sincerely,
Georg Heck
Dear Mr. Heck,
Thank you for your inquiry regarding a doctor's duty to inform about the risks and side effects of treatment. I understand that you may feel uncertain in your situation and want to ensure that you have been adequately informed.
The doctor's duty to inform is regulated in the Patient Rights Act and in the Civil Code (BGB). According to § 630e BGB, the doctor must provide the patient with necessary information about the planned treatment, especially regarding the type, extent, execution, expected consequences and risks, as well as alternatives and their risks, in an understandable manner. This duty to inform serves to protect the patient and ensure that they can make an informed decision about the treatment.
It is important to emphasize that the doctor's duty to inform must be tailored individually to the specific patient and treatment situation. The doctor must not only explain general risks and side effects, but also consider specific risks that may be relevant to the individual patient. If you feel that you have not been provided with all relevant information, you should definitely address this and request further clarification.
As a patient, you can ensure that you are fully informed about all potential risks by actively asking questions and, if necessary, also requesting written information. It is important that you address all questions openly and ensure that you fully understand the information. Additionally, you can also seek a second opinion from another doctor to ensure that your decision is based on comprehensive information.
In your specific situation, I recommend that you have a conversation with your treating doctor and address your concerns regarding the information provided. If you continue to feel uncertain, you can also contact a patient advisory service or a specialized attorney in medical law to clarify your rights as a patient and, if necessary, take legal action.
I hope that my information was helpful to you. If you have any further questions, please do not hesitate to contact me.
Sincerely,
Jenny Richter
Attorney specializing in medical law
