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§ 630 e German Civil Code (BGB) - Obligations to provide information

(1) The treating party is obliged to inform the patient of all and any circumstances which 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 must also be referred to in the information if several equally medically indicated, customary methods may lead to significantly different strains, 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 may also be referred to which the patient receives in text form,

2. be provided in good time so that the patient can take his/her decision on consent in a well-considered manner,

3. be understandable for the patient.

The patient shall be provided with duplicates of documents which he/she has signed in connection with the information or consent.

(3) The patient does not need to be provided with information where this can be exceptionally dispensed with because of particular circumstances, in particular if the measure cannot be delayed or the patient has explicitly waived being provided with the information.

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

(5) In cases coming under section 630d (1) sentence 2, the major circumstances in accordance with subsection (1) shall also be explained to the patient in a manner that he/she is able to understand, where the latter is capable of absorbing the explanation on the basis of his/her state of development and ability to understand and unless it is inconsistent with his/her well-being. Subsection (3) shall apply with the necessary modifications.

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