Doctor does not have to point out the risk of death

A doctor does not necessarily have to point out a possible risk of death

03/01/2011

Doctors do not necessarily have to indicate a possible risk of death of a patient before surgery. This was decided by the Higher Regional Court (OLG) in Frankfurt am Main. In the verdict, the court dismissed a lawsuit filed by a daughter whose mother died after undergoing surgery.

The Higher Regional Court of Frankfurt ruled: Doctors do not necessarily have to point out a possible risk of death. According to the judges, it is generally known that any major medical intervention under general anesthesia involves considerable risks. In some cases, medical intervention under anesthesia can cause serious damage to the health or even death of the patient. In this case, the daughter of a deceased patient had filed a claim for damages against the attending physician. In a medical procedure, the left pelvic artery of the mother was injured, so that the woman died during the operation. The applicant alleged that the doctor had not sufficiently informed the mother of the risks of the operation. In addition, the intervention would have been made incorrectly.
Both arguments of the plaintiff, however, the court did not apply. Finally, the physician could demonstrate credible, to have informed the patient about the dangers of nerve and vessel injuries as well as bleeding, thrombosis or embolism. Thus, the doctor has informed the deceased about the significant risks for orthopedic surgery and has complied with his obligation to inform. For art or treatment errors are also no findings, the court. The lawsuit was dismissed. The judgment bears the file number: AZ: 8 U 88/10, Higher Regional Court Frankfurt. (Sb)

Picture: Peter Kirchhoff