Artikel
The "Charter of Patient's Rights" - Implications and limitations in neurosurgery
Die "Charta der Patientenrechte" – Implikationen und Grenzen in der Neurochirurgie
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Autoren
Veröffentlicht: | 23. April 2004 |
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Gliederung
Text
Objective
In February 2003 the German Federal Ministry of Justice and the German Federal Ministry of Health and Social Security published the so-called "Charter of Patient's Rights" in order to promote physician-patient relationships, where both sides are aware of their rights and duties. By encouraging patient autonomy and self-determination, the basic power structures in health care are intended to be altered. We illustrate the implications for clinical neurosurgery.
Methods
The consequences of the "Charter of Patient`s Rights" for neurosurgical practice are analyzed in two steps. Firstly, its key considerations are pointed out and questioned from a clinical and bioethical point of view. Secondly, by reviewing the discussion of professional organizations and clinicians in neurosurgery concerning patient´s rights the differences between the demands of the "Charter" and clinical practice are emphasized.
Results
In the "Charter of Patient's Rights" the autonomy and self-determination of the patient are considered to be crucial for improving physician-patient relationships. However, in clinical neurosurgery there are limitations to this approach, given the frequent competence related difficulties in obtaining valid consent. In the neurosurgical literature, for the most part, only the legal demands placed upon informed consent are questioned. A comprehensive bioethical concept of patient autonomy is missing in neurosurgical literature as well as in the "Charter of Patient's Rights".
Conclusions
The value of the "Charter of Patient's Rights" to the day-to-day practice of the neurosurgeon depends on sufficient interpretation, avoiding one-sided legalistic views. Physician-patient-relationships should be based upon both autonomy and beneficence.