[Patient information, informed consent, and alternative examination and treatment methods in radiology]
1SOH Rechtsanwälte, Rüttenscheider Straße 26, 45128, Essen, Deutschland. cramer@soh.de.
Importance Of Informed Consent:
Informed consent and the patient's declaration of consent are of central importance in any medical treatment. They serve to protect the patient's right to self-determination. Properly provided informed consent is a prerequisite for the validity of the patient's consent; without it, a medical procedure is unlawful and may give rise to liability for damages.
Scope Of Informed Consent:
Pursuant to section 630e(1) of the German Civil Code (BGB), the treating physician is obligated to inform the patient of all circumstances essential to consent, in particular regarding the nature, scope, implementation, expected consequences, and risks of the procedure, as well as its necessity, urgency, suitability, and prospects of success. In addition, the patient must be informed of possible treatment alternatives.
Treatment Alternatives:
Information regarding treatment alternatives is always required when several equally indicated treatment methods with different risks and prospects of success are available.
Formal Requirements:
Informed consent must be provided verbally during a face-to-face consultation; simply handing over an informed consent form is not sufficient. It must also be provided in a timely manner and be understandable.
Special Considerations In Radiology:
In radiology, informed consent is also of central importance, as many radiological examinations carry potential risks, e.g., due to radiation exposure or contrast agents. Information about treatment alternatives is particularly relevant with regard to the varying levels of radiation exposure associated with different radiological procedures.
Recommendations For Practice:
Since the burden of proof for proper informed consent lies with the treating physician, careful documentation of the content of the informed consent discussion is recommended. When using informed consent forms, individualized notes are also recommended for evidentiary purposes.
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