Abstract

Prior to a medical intervention (and also when omitted) it is important to implement the prerequisites for medical treatment as formulated by the legislation during the last decades. Essential points are the timely and comprehensive clarification and informed consent of the patient on diagnosis, therapy, complications and aftercare. The case described here substantiates the essential points which must be considered with respect to operative activities in the interests of the patient as well as the treating physicians. This problematic and the legal assessment based on expert testimony can be paradigmatically demonstrated by a verdict of the Higher Regional Court (Oberlandesgericht, OLG) Munich in association with a case of spondylosis and show why the essential points of this verdict should be discussed.

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