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Enlightening the
patient unsparing |

He: So, how did the beauty surgery go?
She: Uh, the surgery itself was easy, but the
briefing of the doctor completely bowled
me over |
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On November 29, 2002 the Health
Foundation organised the third Forum on German Medical Law in Hamburg. One
of the issues was to classify the intensity of how patients are briefed in
aesthetic surgery. Some said only by means of "unsparing clarification"
could doctors mitigate their risks of liability for "beauty surgeries".
Lawyers, doctors and representatives of the medical and the dentist
association participated. Wolfgang Frahn, judge at the Oberlandesgericht
Schleswig said: "Doctors must warn their patients that roughly 40% of all
operations involve complications of some sort, ranging from minor healing
irritations to permanent physical disfigurement." Therefore a surgeon had to
"make clear that the desired result may not be reached, that things could
even get worse - and that the patient will have to take that risk."
There was no particular emphasis on the fact that risks are significantly
higher with badly trained, inexperienced surgeons. Not even the luminaries
of the world can free themselves completely from all complications; though
well-trained and experienced plastic surgeons in principle only come across
so-called minor complicatons which are less frequent and we are trained in
ways to work against them. It's a question of legislation as any doctor in
Germany can carry the title "beauty surgeon". This is what most so-called "black
sheep" do. The shadow of operational failures however spreads across the
entire profession.
In any - not only aesthetic - operation, the surgeons themselves are the
highest risks. If they are not well trained or without experience, if they
are not aware of their own shortcomings - maximum caution must be taken.
We also have to tell our patients about the possibility of death. Not only
can a person die, for example, of thrombosis-embolism, but also of
thrombosis prophylaxis itself (HIT Heparin-induced Thrombocytopenia) 2-3 in
1,000,000 cases die. Though statistically tiny, the surgeon has an
obligation to make sure their patients are aware of this. Logically we
should fear our own bed most - as most people die in their own beds.
I have integrated into my agreement form a fairly comprehensive list of
complications which are read out to every patient at the end of the
consultation as a "legally prescribed shock list". I thought I had thus
covered all possible complications. One patient once told me otherwise. At
the end of the consultation she asked me: "And, Doctor, what will happen if
you die during the operation?" - "Well, you will have to shed tears for me."
In fact, even this is taken care of by state concession rules: A hospital,
no more than three kilometers away, is by contract obliged, if necessary, to
take over the intensive treatment of our private clinic's patients. |
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