When may a doctor perform a treatment without the consent of the patient?
January 5, 2022 | 60,00 EUR | answered by Thomas Eiserfelder
Dear Medical Law Attorney,
I am reaching out to you as I recently experienced a situation that has left me feeling very unsettled. My name is Petra Gallenberg and I am a patient at a medical practice. During my last visit, I refused to give consent for a specific treatment due to concerns about the risks and side effects. Despite my refusal, the treatment was carried out without the doctor informing me or seeking my consent.
This experience has made me question under what circumstances a doctor is allowed to perform a treatment without the patient's consent. I am worried about my rights as a patient and would like to understand the legal basis in such a situation.
Could you please explain to me what constitutes a lawful basis for treatment without the patient's consent in a medical context? Are there exceptions where a doctor can act on their own without obtaining the patient's consent? And what are the consequences if a doctor performs a treatment against the patient's will?
I would greatly appreciate your insights and assistance in this matter, so I can better understand how to handle such situations in the future.
Thank you in advance.
Kind regards,
Petra Gallenberg
Dear Mrs. Gallenberg,
Thank you for your inquiry regarding the legal basis for a treatment without the patient's consent. It is understandable that after your experience in the doctor's office, you are concerned about your rights and want to ensure that you are better informed in the future.
In Germany, the right to self-determination applies, including the patient's right to decide on their medical treatment. This means that a doctor generally needs to obtain the explicit consent of the patient before carrying out a treatment. Without the patient's consent, a doctor is not allowed to perform any medical measures.
However, there are exceptional situations in which a doctor may act without the patient's consent. These exceptions are regulated in § 630d of the Civil Code (BGB) and include, for example, acute emergencies where immediate medical treatment is necessary to save the patient's life or prevent serious health damage. In such cases, the doctor can act in the patient's best interest autonomously, even without explicit consent.
It is important to emphasize that even in emergencies, the patient should be informed about the measures taken as soon as possible. Furthermore, the doctor should document the reasons for acting without consent and explain them to the patient afterwards.
If a doctor performs a treatment against the patient's will, which is not justified by an emergency situation, this can have legal consequences. In such a case, the patient has the right to claim damages and may also report the incident to the relevant medical board.
In the future, it is advisable that you openly discuss any uncertainties or concerns regarding a medical treatment with your doctor and, if necessary, seek a second opinion. It is important for you as a patient to inform yourself about your rights and actively exercise them.
I hope that this information has been helpful to you. If you have any further questions or need legal advice, I am at your disposal.
Sincerely,
Thomas Eiserfelder
Medical Law Attorney
