Formularerklärungen in der Medizin

Signed informed consent forms have no material significance, do however enable the first decisive evidence of an effective consent. In order to make up for this incongruity, Patrick Gödicke analyzes the specific potential dangers of medical consent forms and looks into appropriate standards for control. In doing so, he uses the model of informed consent in tort law, on which he elaborates for the reformed law pertaining to interference with the performance of an obligation. In connection with the German civil code, he establishes a rule for medical transparency, which includes guidelines from pharmaceutical law and which applies equally to standard clinical treatment and medical research. According to this rule, the transparency of a form is crucial for its value as evidence, and it is this transparency only which makes it possible to lower the oral standards for the process of providing information.