Legal Compliance of Medical Information in the Case of a Relatively Indicated Secondary Caesarean Section in Obstetric Clinics in Germany - Part I: Status Quo-Survey

Abstract

In order to guarantee the patient's right to self-determination, in the case of a relative indication for a secondary caesarean section the Supreme Court expects early information about this real treatment alternative and the patient's option to choose the delivery method. The aim of this study throughout Germany was to survey the status quo of legal compliance of the practice of providing information at all German obstetric clinics and a further comparison based on the clinic format. All obstetric clinics in Germany were emailed within the context of an anonymous online study using a questionnaire developed on the basis of the BGH judgment of August 28, 2018 (AZ: VI ZR 509/17). Three questions had to be answered cumulatively with "yes" to affirm legal compliance. The responding clinics were divided into six groups based on their format (status as university hospital / other hospitals stratified by number of births per year). 93 questionnaires were analyzed. 14 clinics (15.05%) met the requirements. Clinics with an annual number of births of 1,000-1,499 perform best in comparison. There is an urgent need for a secure, legally compliant information concept for everyday birth practice in German clinics.