Aufklärung aus juristischer Sicht

Rights and responsibilities between doctor and patient have changed in the last 5 decades. In Germany, it was the legitimate demand for the „mature“ patient. Today, due to additional legal guaranties of clarification in a personal conversation an „informed consent“ is required as a justification against the otherwise applicable existence of injury. Alternatives and risks must be declared on science-based medicine in the informed consent to be documented in the medical record. There must be an adaequate time period between informed consent and the planned intervention (i. e. surgery, radiation oder chemotherapy). The requirements of the informed consent depends on the severity and urgency of the intervention, whereby with all sensitivity and observance of possible limits of the informed consent the autonomy of the patient and the truth must be the overriding factor. A faulty informed consent corresponds to a physical injury. In clinical trials the GCP guidelines must be observed.