Die sofortige Einwilligung unmittelbar nach dem Aufklärungsgespräch – wirksam oder unwirksam?: Bedenkzeit bedenken!

Patients must be informed of the chances of success and risks well in advance of the intended treatment measure so that they can adequately maintain a freedom of choice and thus the right to self-determination by carefully considering the reasons for and against the recommended measure. Fixed deadlines for the time between information and consent cannot be set as a blanket measure. There can be many different aspects that must be considered, which can lead to different deadlines in individual cases, which should lie between information, consent and the start of the measure. If a treatment measure does not have to be carried out immediately, a reflection period adapted to the circumstances should be allowed until shortly before the intervention. If this period of deliberation is not granted and consent is requested immediately, the doctor must convince himself before the treatment measure is carried out that the consent given still corresponds to the patient's will. This request is not necessary if the patient has expressly waived a period of reflection after receiving appropriate clarification.