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Book 2 · Law of obligations  ›  Subtitle 2 · Treatment contract › Section 630e

Obligations to provide information

(1) The treating party is obliged to inform the patient of the entirety of all circumstances that are relevant to consent. This includes in particular the nature, extent, implementation, anticipated consequences and risks involved in the measure, as well as its necessity, urgency, suitability and prospects for success with regard to the diagnosis or the therapy. Alternatives to the measure also are to be indicated in providing the information if several methods that are medically indicated and customary in like measure may place strain on the patient to significantly different degrees or entail significantly different risks or chances of recovery.

(2) The information must

1.  be provided orally by the treating party or by a person who has the requisite training to carry out the measure; additionally, documents also may be referred to which the patient receives in text form,

2.  be provided in such good time so that the patient is able to take their decision on consent in a well-considered manner,

3.  be understandable for the patient.

The patient is to be provided with duplicates of the documents they have signed in connection with the information or consent.

(3) The patient need not be provided with information where, as an exception, this may be dispensed with because of special circumstances, in particular if the treatment cannot be postponed or the patient expressly has waived being informed.

(4) If, in accordance with section 630d (1) sentence 2, the consent of a party entitled to so grant consent is to be obtained, that party is to be informed in accordance with subsections (1) to (3).

(5) In the case governed by section 630d (1) sentence 2, the major circumstances in accordance with subsection (1) also are to be explained to the patient in a manner that they are able to understand, inasmuch as they are capable of absorbing the explanation based on their state of development and ability to understand and unless it is inconsistent with their well-being. Subsection (3) applies accordingly.

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