[Information and consent in psychiatry and psychotherapy]. / Aufklärung und Einwilligung in Psychiatrie und Psychotherapie.

ABSTRACT

OBJECTIVE: The number of medical liability court cases in Germany has more than trebled over the past 30 years. In almost every case of a therapeutic failure, the accusation is one of insufficient medical information. It was investigated which requirements information for patients has to meet in the field of psychiatry and psychotherapy. METHODS: The supreme court jurisdiction relating to patient information and consent in medicine was analysed. Legal and medical documents on the topic were also evaluated. RESULTS: Doctors' legal duty to provide information includes the areas of therapeutic information, enabling information for the patient, and information relating to costs. The burden of proof is always on the doctor, and the documentation needs to be legally safe. CONCLUSIONS: The legal basis relating to patient information and consent is consistent with the objectives of patient oriented psychiatry and psychotherapy. However, many legal requirements are exaggerated and far removed from medical practice. The specialist societies are called on to develop guidelines on how to provide information during the medical consultation.