What are the duties of a doctor when informing about the risks of a treatment?
January 5, 2024 | 60,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
My name is Sophia Brandes and I would like to learn more about the duties of a doctor when it comes to informing patients about the risks of a treatment. Some time ago, I underwent a medical treatment where I later found out that there could be serious complications. Unfortunately, this was not explained to me in detail before the treatment, and I now feel unsure and concerned about the potential risks I may be exposed to.
My trust in medical care has been greatly shaken by this experience, and I wonder if the doctor was not obliged to inform me about all risks before I decided to undergo the treatment. I am worried that I did not receive all the information necessary to make an informed decision.
Could you please explain to me what specific duties a doctor has when it comes to informing patients about the risks of a treatment? Are there legal requirements or guidelines that regulate the extent of the duty to inform? And what can I do if I feel that I have not been adequately informed about the risks?
Thank you in advance for your help and support on this important topic.
Sincerely,
Sophia Brandes
Dear Mrs. Brandes,
as a medical law attorney, I can understand that you are concerned and feel unsure after learning that there may be serious complications that were not thoroughly explained to you before the treatment. Information about the risks of a medical treatment is a very important aspect of the doctor-patient relationship and is subject to clear legal regulations.
In general, a doctor has the duty to fully inform the patient about all risks associated with the planned procedure before treatment. This means that the doctor must explain clearly and in detail possible risks, side effects, complications, and alternative treatment options to the patient. The patient must be able to make an informed decision about the treatment.
The legal foundations for a doctor's duty to inform can be found in the Patient Rights Act and the Civil Code (BGB). According to § 630e BGB, the doctor must inform the patient about all circumstances that are essential for consent to the treatment. This includes informing about possible risks and complications.
If you feel that you have not been sufficiently informed about the risks, there are various options you can consider. First, you should have a conversation with your treating doctor and openly address your concerns and questions. You have the right to be fully informed about the risks retrospectively.
If you are not satisfied with the clarification of your questions or feel that your rights to information have been violated, you can contact a patient advisory service or a medical law attorney. An attorney can provide you with legal support and assess potential claims for damages.
Overall, informing patients about the risks of a medical treatment is an important requirement for an informed patient decision. If you have any further questions or need assistance, I am happy to help.
Best regards,
Thomas Eiserfelder, Medical Law Attorney
