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.
Key words
medical liability - obligation to give information - knee TEP - hip TEP
