Before, after, throughout the operation: the time for the explanatory information
When is it the right time for you practitioner to let you know about all the risks and possibilities you are going through during your operation? Let’s have a look at this court case together: in this case the “doctor’s explanatory talk” took place shortly before surgery and this comes unfortunately too late. The practitioner now has to pay an amount of € 10,000.
Frankenthal (Palatinate) Regional Court, Judgment of 30.05.2022 – 4 O 147/21 –
A patient’s consent to a medical intervention is only effective if the doctor has previously explained the risks of the surgery in an understandable and detailed manner. The information must also be provided at such an early stage that the patient has sufficient time to think about the decision. An explanatory discussion only on the day of the operation or even only during the preparation for the operation is basically late because of the existing time pressure. As a consequence, the operation performed is considered according to German Law unlawful. In such a case, the Regional Court of Frankenthal has now awarded a woman from Baden-Württemberg damages for pain and suffering in the amount of 10,000 €.
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