Die Patientenverfügung - Ausdruck gesundheitlicher Selbstbestimmung - und ihre Bindungswirkung für Ärzte
Leisner, W G
Pneumologie (Stuttgart, Germany) 2010 Nov; 64(11): 712-3
Since September 1st 2009, the Living Will Declaration is regulated by law as held in ºº?1901 a?-?c BGB. It does not need a certain format except for being in the written form. This must be distinguished from the right to choose a certain treatment according to the medical attendant and his intention to agree to or forbid a certain treatment. The Living Will Declaration binds the physician to certain clearly specified procedures that the patient has agreed to and is valid independently from the nature of the patient's illness or its stage because the basic right for self-determination (Art. 2 Abs. 2 GG) includes the right to die. As the physician is committed to observe the patient's will, he will have to face legal consequences in terms of liability and criminal law if he disregards the Living Will Declaration.
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