Z Orthop Unfall 2019; 157(04): 386-391
DOI: 10.1055/a-0732-6124
Review/Übersicht
Georg Thieme Verlag KG Stuttgart · New York

Knee and Hip TEP Surgery: The Surgeonsʼ Obligation to Give Information

Article in several languages: English | deutsch
Tobias Thielmann
1  Landgericht Düsseldorf, Düsseldorf
2  Heinrich-Heine-Universität Düsseldorf, Juristische Fakultät, Düsseldorf
,
Artem Tuzhikov
3  Orthopädie/Endoprothetikzentrum, St. Vinzenz Krankenhaus, Düsseldorf
› Author Affiliations
Further Information

Publication History

Publication Date:
12 October 2018 (eFirst)

Abstract

The German Civil Code (BGB) establishes in § 630e BGB formal and content-related requirements to provide the patient with a solid fundament of information. This is necessary for a valid informed consent. Without it, the physician is liable for the violation of the patientsʼ physical integrity and his right to self-determination. According to German jurisprudence, this shall even apply when the treatment was conducted duly and without any complications. Therefore, it is astonishing that the correct way of giving information is neither taught in medical school nor in the residency. In practice, supervisors expect that young assistant doctors will be familiar with the correct procedure. As a result, many mistakes are made, even though these are easy to avoid. In this article, we point out all relevant information and the correct way of presenting this, using the example of hip/knee TEP operations.