[Practice of medical disclosure: protection of the patient--protection of the physician].
In practice, the information given to the patient prior to surgical procedure has to be adjusted to the individual case - and this not only because it is required by law. Although all protective measures taken by the physician against his patient may be useful from the juridical point of view, they often turn out to be insufficient in case of legal action when the burden of proof regarding the information given to the patient lies on the physician. This is due to the fact that a lack of understanding can be conceded even to the most emancipated patient, despite his personal signature, because the psychical conditions under which such a conversation is held are difficult to assess. The conversation without witness, the substance of which is then discussed in the presence of the patient has proved to be at least as sufficient as any signed form. This procedure avoids to strain the relation between physician and patient with juridical problems, a situation which is not at all desired by the wellminded patient seeking for help as well as by the responsible physician.
D005860:Germany, West; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence*; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010353:Patient Education as Topic / Q000331:legislation & jurisprudence*; D010817:Physician-Patient Relations; D012306:Risk
Die Praxis ärztlicher Aufklärung: Schutz des Patienten--Schutz des Arztes.