Behandlungsverzicht

Behandlungsverzicht, a German term, translates to "waiver of treatment" or "refusal of medical treatment" in English. It refers to a patient's legal right to refuse medical interventions, even if those interventions are deemed necessary by healthcare professionals or would likely prolong life. This right is rooted in the fundamental principles of patient autonomy and self-determination, recognizing an individual's capacity to make informed decisions about their own body and healthcare.

For a Behandlungsverzicht to be legally valid, several conditions must generally be met. The patient must possess the legal capacity to make decisions, meaning they are of sound mind and understand the implications of their refusal. The refusal must also be voluntary, free from coercion or undue influence. Furthermore, the patient should be fully informed about their medical condition, the proposed treatment, its potential benefits, risks, and alternatives, as well as the consequences of refusing treatment. This information is crucial for the patient to make an informed choice.

In practice, Behandlungsverzicht can be communicated verbally or in writing. Written advance directives, such as living wills or healthcare powers of attorney, are often used to document a patient's wishes for future medical care, especially in situations where they may lose the capacity to communicate their decisions. Healthcare providers have a legal and ethical obligation to respect a patient's Behandlungsverzicht, provided it is validly made. They are then relieved of the duty to provide the refused treatment but must still offer palliative care and support.