[Truth at the bedside and physicians' legal responsibilities].
This contribution illustrates the problems of medical information on unfavorable diagnoses and prognoses form a legal view. The eminent significance of informed consent for the legitimation of medical action in German and Swiss law results in far-reaching duties of doctors to also inform in the cases; however, restrictions are accepted in the patient's predominant health interest. When a patient wishes information on the results and the prognosis, this is regularly to be fulfilled, even when further therapeutical measures are no longer the issue. The professional secrecy demands caution when relatives are concerned, as long as they are not legal representatives and competent for decision-making or as long as the (presumable) will of the patient consents to them being informed. As to the question of how the information is to be conveyed, one can only formulate general legal principles: unjustly leaving a patient ignorant may create a liability of the doctor, applies also to 'brutal information' which lacking the slightest bit of empathy.
Koch
H G
HG
Max-Plank-institut für internationales und inländisches Strafrecht, Freiburg.
D003219:Confidentiality / Q000331:legislation & jurisprudence; D005858:Germany; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D007603:Jurisprudence; D016365:Liability, Legal; D013557:Switzerland; D014342:Truth Disclosure
Wahrheit am Krankenbett und die rechtlichen Pflichten des Arztes.