🗣️ Information and consent
In brief
You must agree before treatment. The doctor must inform you beforehand.
The information must be given orally. It must be understandable. It must come early enough for you to decide calmly.
You receive copies of the documents you sign.
You can withdraw your consent at any time. You do not need a reason. No particular form is required.
Exceptions apply in an emergency.
Step by step
- Listen and askAsk about risks, benefits and alternatives.
- Take your timeDo not sign under pressure. You may ask for time to think.
- Ask for a copyAsk for copies of the documents you signed.
- If in doubtGet a second opinion if a procedure is planned.
Deadlines
- A form alone does not replace the conversation: information must be given orally.
- Information given the evening before or immediately before the procedure may be too late. Whether this is the case depends on the individual circumstances.
- In urgent measures that cannot be postponed, or if you waive it, the information may be omitted.
In depth · legal basis, figures and practice – for advisers and professionals
Consent (§ 630d BGB)
Before carrying out a medical measure, the treating practitioner is obliged to obtain the patient's consent. If the patient is unable to consent, the consent of an authorised person must be obtained, unless a living will (Patientenverfügung) under § 1827 Abs. 1 Satz 1 BGB permits or prohibits the measure. In emergencies, the measure may be carried out without consent if it corresponds to the patient's presumed wishes. Consent presupposes information under § 630e Abs. 1 to 4 BGB and, under § 630d Abs. 3 BGB, "can be withdrawn at any time, without giving reasons and without any particular form".
Content of the information (§ 630e Abs. 1 BGB)
The patient must be informed of "the nature, scope, performance, expected consequences and risks of the measure as well as its necessity, urgency, suitability and prospects of success". If there are several medically equally indicated and customary methods with significantly different burdens, risks or chances of recovery, the alternatives must also be named.
Form and exceptions (§ 630e Abs. 2 and 3 BGB)
The information must be given orally by the treating practitioner or a person with the necessary training, early enough for the patient to make a well-considered decision, and must be understandable to the patient. Documents the patient has signed must be handed to them in copy. The information may exceptionally be omitted, in particular if the measure cannot be postponed or the patient has expressly waived it. Under § 630e Abs. 5 BGB, every patient unable to consent (not only minors) must be involved according to their understanding and stage of development, as long as this does not run counter to their wellbeing.
Importance in a dispute
Under § 630h Abs. 2 BGB, the treating practitioner must prove that they obtained consent and gave proper information (see the page on burden of proof).
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