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<p>The article addresses risks of violating criminal law for physicians, illustrated by examples relating to physicians’ documentation duties as well as their obligation to obtain proper informed consent prior to surgical procedures. Such “administrative” activities are easily forgotten in everyday clinical practice or neglected in favor of direct patient care. If a&#xa0;treatment error occurs—potentially resulting, in the worst-case scenario, in the patient’s death—and the public prosecutor becomes aware of it, they are obliged to initiate an investigation. In order to assess responsibility, a&#xa0;formal criminal investigation against all physicians involved in the patient’s treatment is normally opened initially, which often entails significant psychological stress. Using illustrative examples, risk-prone scenarios are presented, and ways to avoid criminally relevant conduct are outlined.</p>

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Strafrechtsrisiko Patientenbehandlung – Dokumentations- und Aufklärungspflichten

  • 期刊论文

  • 发表日期：

    2026年2月13日

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  • Katrin Frank

摘要

The article addresses risks of violating criminal law for physicians, illustrated by examples relating to physicians’ documentation duties as well as their obligation to obtain proper informed consent prior to surgical procedures. Such “administrative” activities are easily forgotten in everyday clinical practice or neglected in favor of direct patient care. If a treatment error occurs—potentially resulting, in the worst-case scenario, in the patient’s death—and the public prosecutor becomes aware of it, they are obliged to initiate an investigation. In order to assess responsibility, a formal criminal investigation against all physicians involved in the patient’s treatment is normally opened initially, which often entails significant psychological stress. Using illustrative examples, risk-prone scenarios are presented, and ways to avoid criminally relevant conduct are outlined.