Doctor is not liable for uncomprehending education

Physician not liable if patient does not understand education

11/21/2011

According to a resolution announced today, the Higher Regional Court (OLG) has ruled that physicians are not generally liable if patients did not understand the discussion.

One patient had sued her doctor for damages because she considered her consent to surgery as ineffective. She did not understand the Enlightenment. The Higher Regional Court ruled in favor of the doctor, as the patient had the opportunity to ask or to ask for a new conversation. According to the Higher Regional Court, the doctor was not to be expected, without any request or request, to intensify the information discussion or to carry it out again. The doctor had no indication that the patient was overwhelmed with the conversation. (File reference: 5 U 713/11)

Basically, a discussion between doctor and patient must take place. In it, the doctor informs the patient about the upcoming treatment or the procedure. The doctor is also obliged to inform about the intervention typical and the specific risks of the procedure. This should, if possible, be timely, so that the patient has the opportunity to decide in peace for or against the procedure. The patient should also be presented with alternative therapies, provided they are promising. However, it is not necessary to inform the physician about the risks of treatment errors. (Ag)