Heberer J, Hüttl P
Rechtsanwaltskanzlei Dr. jur. Jörg Heberer & Kollegen, München, Deutschland.
Chirurg. 2010 Feb;81(2):167-72; quiz 173. doi: 10.1007/s00104-009-1848-z.
Every medical intervention constitutes a physical injury and therefore requires the consent of the patient to avoid liability. In order that the patient can effectively consent to the intervention by ensuring autonomy of decision, the patient must be fully informed of the risks involved in medical interventions. The patient must be informed of the essential benchmark data however, it must be borne in mind that each individual case is always decisive for deciding whether clarification has been correctly carried out. In these instances individual factors, such as the personal background of the patient, play a role. Documentation of the clarification serves as proof that it has been carried out and to what extent.