[Under scrutiny by the state prosecutor : Legal pitfalls in emergency medicine]. / Im Visier des Staatsanwalts : Juristische Fallstricke in der Notfallmedizin.

ABSTRACT

Physicians who allow a suicide attempt to happen, which from an ex ante viewpoint was completely voluntary, cannot be held punishable for homicide or failing to provide medical assistance when the suicide corresponds to the putative will of the patient according to plausible information supplied by an authorized person with healthcare proxy. Guidelines for resuscitation also play a central role in the forensic practice for assessment of whether and when resuscitation can be terminated; therefore, it is urgently advised to follow and implement these guidelines deviations are possible if they can be factually justified. The currently declared will of a Jehovah's Witness to refuse an allogeneic blood transfusion is binding for the physician. If the patient does not have the ability to reason at the decisive time for evaluating the indications for a blood transfusion and an advance directive has been made, this directive is the guiding principle for medical actions. If such a directive is not available, the putative will must be elucidated. If this is not possible, the objective welfare of the patient must be upheld and the blood transfusion carried out (in dubio pro vita).