• C Katzenmeier.
• Institut für Medizinrecht, Universität zu Köln, Albertus-Magnus-Platz, 50923, Köln, Deutschland. medizinrecht@uni-koeln.de
• Bundesgesundheitsblatt Gesundheitsforschung Gesundheitsschutz. 2012 Sep 1;55(9):1093-9.

AbstractPatient autonomy is a valuable asset. Under German law, the patient's right to self-determination is ensured by a corresponding duty of the physician to inform. Owing to various case laws of the courts over the last few decades, that duty, in all of its aspects (i.e., informing the patient about risks and benefits, about the diagnosis, about the course of treatment, about necessary patient compliance, and about potential treatment costs) has gained enormous jurisdictional and scientific attention as well as forensic importance. Established court practice has become highly elaborated and differentiated. Some precedents have, nevertheless, exceeded reasonable requirements for physicians, and moderation is advisable. The current plans concerning a Statute on the Protection of Patients' Rights in Germany aim at laying down the specific requirements for patients' informed consent, including what information has to be communicated and in what way. Such a goal is difficult, especially in light of regulatory techniques. The discussion about the statute seldom addresses the fact that the suitability of legal norms as a means for public guidance can be limited; in particular, they do not guarantee that a dialogue between patient and physician about risks and benefits will ensue on the basis of a partnership. Over-regulation can damage faith and confidence in the relationship between patients and physicians.

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