Is proof of proper education required? Overall, no excessive requirements should be placed on the proof of proper clarification. Nevertheless, it is urgently recommended that the greatest care be taken in documenting the informed consent discussion in order to be able to provide the necessary evidence in the event of a dispute.
How is a physician liable in the event of informational deficiencies?
If a doctor provides information outside his field of expertise, he is liable for deficiencies in the information provided even if he was not involved in the actual treatment. The purpose of the information is to make the patient aware of the consequences of his or her decision.
What is the content of an educational interview prove? The content of an informed consent discussion cannot be proven with an informed consent form signed by the patient. In order to prove that the patient was properly informed, it is usually necessary to question the physician who provided the information.
Is proper disclosure required? In order to prove that the patient was properly informed, it is usually necessary to question the physician who provided the information. However, if the physician's account is coherent, he or she should generally be believed to have provided the necessary information in the specific case.
How should an intervention be explained?
To ensure this, the patient must be informed of the risks and reasons. The more invasive the procedure, the more detailed the information must be; the less urgent the procedure, the greater the demands on the duty to inform.
How should the education be documented? The patient information should always be documented in writing. It is not sufficient to simply have the patient sign the information sheet; additional notes and entries should be made. In this way, it is clear in retrospect that the individual points were actually discussed.
How is informed consent and subsequent consent regulated? The patient's information and subsequent consent are very precisely regulated by law. Consent is the prerequisite for the intervention not constituting bodily injury - in the sense of a criminal offense. Informing the patient is therefore a prerequisite for consent.
What is the timing of the reconnaissance? Time of the information. Information must always be provided before a medical procedure is performed. Except in emergencies, the time must be chosen so that the patient has sufficient time to weigh up the pros and cons of an intervention and to decide freely.
How is the physician liable as a hospital employee?
From the point of view of damage law, the person causing the damage, i.e. the physician, is always liable himself with his private assets to an unlimited extent. If the physician is employed as an employee in a hospital, his activities are often covered by the employer's professional liability insurance.
Why is the physician liable as an employee in a hospital? From the point of view of damage law, the person causing the damage, i.e. the physician, is always liable himself with his private assets to an unlimited extent. If the physician is employed by a hospital, his activities are often covered by the employer's professional liability insurance.
What is the duty of the doctor? The duty of the physician is to provide a service. The physician is to perform a medically necessary curative treatment in order to cure an illness if possible or at least to try to alleviate the discomfort. Thus, no specific success has to be achieved as in the case of the production of a work.
How to do the reconnaissance by another person?
According to Section 630e (2) No. 1 of the German Civil Code (BGB), the patient may also have the information provided by another person if this person is trained in such a way that he or she could also carry out the intended medical measure himself or herself.
How can the physician waive informed consent? The patient may expressly waive the right to information. Regardless of the patient's will and waiver of medical information, the physician is legally obligated to provide information in the event of the existence of a venereal disease or before performing castration or abortion.
Has the evidence of an education been provided?
The Munich Higher Regional Court has confirmed that proof of proper information is provided if the physician providing the information explains his ongoing information practice in a comprehensible manner. In view of the equality of arms in medical liability proceedings, no unreasonable or exaggerated requirements may be imposed.
How is the jurisprudence of the Federal Court of Justice (BGH) on the proof of clarification affirmed?
On the other hand, it is gratifying that the Federal Court of Justice (BGH) has recently confirmed its previous case law on proof that the physician has provided information and thus does not make it impossible for physicians to prove that they have provided information despite missing or insufficient documentation (ruling of January 28, 2014 - VI ZR 143/13).
Is evidence of a general educational practice barred?
Therefore, explanations and proof of a general educational practice were denied. The only way for the defendant hospital to prove that the patient was properly informed was to present and prove the content and scope of the specific information session. In the view of the court, however, this proof was not successful in this case.
How can the doctor pay his liability insurance?
As a rule, it is not the physician but his or her liability insurance that will ultimately pay for the economic damage. Even in legal disputes involving medical liability, an application for rejection of the expert on the grounds of bias can be made if this is justified.
Which physicians are compulsorily insured in the GKV? Salaried physicians with earnings below the annual income threshold are compulsorily insured in the GKV. This protection can be extended by additional insurances. Important are a daily sickness allowance as well as a foreign protection. Motor vehicle liability insurance is required by law.
How is there a legal obligation to insure physicians? However, there is - at least so far - no general statutory insurance obligation for physicians. Such an obligation arises only from the model professional code of conduct, which will be discussed in more detail below.
What is the professional liability insurance for the doctors? Doctors are therefore only obliged by professional law to take out professional liability insurance. This distinguishes them from other liberal professions such as lawyers and notaries, for whom there is a statutory obligation to take out insurance ( § 51 Para. 1 S. 1 BRAO, § 19 a Para. 1 S. 1 BNotO ).
What is medical liability insurance? § 11 Medical liability insurance / 1. Compulsory insurance The considerable risk of damage to his profession requires the physician to take out liability insurance. However, there is - at least so far - no general statutory insurance obligation for physicians.
How is the hospital liable for errors arising from the treatment contract?
The hospital as employer is liable for errors arising from the treatment contract. In relation to the employed physician, the hospital must perform its supervisory and control function. It must also assume the liability of the employed physician claimed by the patient and can be held liable for its own
Why does the treatment contract with the hospital come into existence? The treatment contract (§§ 630 a ff. BGB) is always concluded with the hospital and not with the employed specialist/doctor in further training himself. This means that the employer is liable for slight and medium negligence on the part of the employed physician and must indemnify him/her against the
Can the doctor be harmed by this treatment error to the patient? If the physician harms the patient as a result of this treatment error, and if he can also be blamed for his behavior, then the patient may be entitled to compensation. The term "medical malpractice" covers a wide variety of areas of medical activity, e.g.
How is the hospital provider liable for the treatment contract?
As a rule, the hospital operator is liable for errors arising from the treatment contract with the patient. If the latter provides all services required for inpatient treatment, including all medical care, this is referred to as a total hospital contract.
Why is the hospital owner liable for errors made by the treating physician?
Therefore, the hospital operator is also liable for medical errors of the treating physician and, conversely, the physician is also liable for errors of the hospital and its medical staff. However, in the event that the hospital operator is held liable, it may in turn be able to take recourse against the treating physician in the event of a treatment error.
What are the rights to be considered in the clarification?
The patient's right to self-determination, autonomy and freedom of decision must be taken into account during the information process. Thus, the patient's will for or against an intervention clearly takes precedence even over a sometimes more appropriate assessment by the physician.
How must the information about an operation be provided? Information about an operation must therefore not be provided on the treatment table but on the day before the operation, unless the patient's condition requires an immediate operation, which only allows information to be provided shortly beforehand. About which areas must the patient be informed?
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