[The problem of information of the patient about medical malpractice (author's transl)]

|April 1, 1978

Abstract:

The treatment contract of the physician does not include the duty of legal counselling of the patient. The physician should avoid amateur attempts at legal advice. The civil contract between physician and patient includes the duty to inform the patient of blatant negligence by others or himself in the observation of the generally recognized rules of medical science. An unsubstantiated suspicion of malpractice without obvious adverse effects should not be revealed to the patient. Critique of the treatment by a colleague is not unprofessional when a higher legal obligation than the professional obligation to a peer is at steak. The physician is not obliged to inform the police of malpractice by a colleague. Only imminent crimes such as manslaughter, murder or genocide must be reported.

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