[Medical discretion towards relatives, colleagues and the media from the physician's point of view]

Three aspects are examined more closely: discretion towards relatives, medical colleagues and the media. Medical discretion has a long tradition and forms an indispensable part of the medical ethos. Physicians, however, often find it difficult to cope with the diversity of legal regulations. Legal regulations manifest themselves in the Social Code with its different books of legislation; in the Federal Data Protection Law; in the Federal Epidemics Law; in the Criminal Code; in the Code of Criminal Procedure. Physician's discretion is an indispensable prerequisite for the confidential relationship between doctor and patient, thus enhancing the success of medical treatment. Consequently, this discretion must never be jeopardized. First of all, it protects the patient's privacy and personal rights. The discretion towards relatives bears different facets which are considered more closely: these include the patient's declaration to unconscious patients, therapeutical decisions. Medical discretion must also be observed among fellow doctors. This is unproblematic if the patient remains informed in the case of joint/further treatment. The following cases are problematic: consulting in additional physicians without the patient's knowledge; joint practices and practice networks. As far as the media are concerned, there is no case whatsoever that would justify a patient being presented in the media without his or her consent.