Prophylaxis and explanation (author's transl)

The doctor-patient contract results from the logical actions. As well as treating the patient to the best of his knowledge and capability the doctor has the subsidary obligation of explanation. This must be done so that the patient can estimate risks himself. There is no legal basis for the extent of the explanation. Typical complications are to be mentioned--but not all possible complications. But "what is a typical complication" is controversial. The less urgent the treatment, the more comprehensive the information. The responsible doctor must do the explaining himself--he may delegate this only in the case of professional hindrance because of other urgent cases. The content of the explanation should be written and countersigned by the patient. For minors and legally incapacitated the parents or the responsible persons must give their consent.