[Rights and responsibilities of the radiologist in determining indications and applying radiologic procedures]

A radiological examination or an interventional procedure is a medical invasion of the patient's freedom and does not constitute an offense of causing bodily harm there is a medical indication, when the patient has given consent after being adequately informed, and the intervention is carried out in accord with the valid rules of medical conduct. During the assessment of possible contraindications, the radiologist must also evaluate the indicationy, i.e., he or she must decide if the medical question can be answered by the requested radiological examination. The indication must be viewed the more critically the greater the risk for a complication is. A radiological diagnosis with the use of X-rays may only be employed when it will furnish information with therapeutic consequences. The more urgent the indication, the less strict are the requirements for informed consent and agreement, and vice versa. Thus, the information need for a purely diagnostic procedure without any direct therapeutic value is particularly high. The consent of the patient is only legally binding when he has been informed in advance of the objectives, extent, necessity and urgency, type, procedures, and alternatives of a medical investigation or therapeutic intervention and also of the accompanying risks. All risks on the basis of which a responsible patient can make the decision to consent or to reject a specific medical intervention are to be considered as relevant and must be explained appropriately.