Subject(s)
National Health Programs/legislation & jurisprudence , Patient Rights/legislation & jurisprudence , Surgical Procedures, Operative/legislation & jurisprudence , Documentation/standards , Electronic Health Records/legislation & jurisprudence , Financing, Personal/legislation & jurisprudence , Germany , Humans , Informed Consent/legislation & jurisprudence , Insurance Coverage/legislation & jurisprudence , Malpractice/legislation & jurisprudence , Medical Errors/legislation & jurisprudence , Patient Education as Topic/legislation & jurisprudenceABSTRACT
The committee draft for the new patient rights act was approved by the Federal Cabinet on 23 May 2012. Both the demands of the patient representative of the Federal government and some of the demands from the cornerstone paper of the State commission were taken into consideration.The draft of the new act contains comprehensive amendments to the Civil Code with the subtitle"Treatment contract in accordance with §630" and encompasses §§630a-h. The valid legal situation is therefore to all intents and purposes now codified.
Subject(s)
Malpractice/legislation & jurisprudence , National Health Programs/legislation & jurisprudence , Patient Advocacy/legislation & jurisprudence , Surgical Procedures, Operative/legislation & jurisprudence , Advisory Committees/legislation & jurisprudence , Expert Testimony/legislation & jurisprudence , Germany , Humans , Informed Consent/legislation & jurisprudence , Medical Records/legislation & jurisprudence , Patient Access to Records/legislation & jurisprudence , Patient Care Team/legislation & jurisprudence , Patient Education as Topic/legislation & jurisprudence , Risk Management/legislation & jurisprudence , Surgical Procedures, Operative/adverse effectsABSTRACT
The spectacular increase in liability processes in the field of surgery and in particular in visceral surgery, necessitates an objectification of the conflict between surgical medical professionals and medico-legal institutions, firms of solicitors and courts. Out of court settlements assisted by expert opinion commissions of the Medical Council can avoid many legal conflicts. For improvement of the legal standpoint of a defendant medical professional an unambiguous, extensive and detailed documentation of medical examination findings, the indications for the planned operative intervention, extensive and detailed documentation on disclosure and informed consent of the patient for the planned operative intervention, an extensive, detailed careful and responsibly guided report of the operation as well as a systematic, orderly well-planned postoperative complication management are necessary to counter the accusation of an organizational failure of medical professionals and the accused hospital. The mutual building of confidence between surgical medical professionals and legal institutions is safeguarded by a comprehensive documentation and an unambiguous description and formulation of the medical discharge report on termination of inpatient treatment.
