Law & quality management in the Kenntnisprüfung

The son of a resident calls and wants information about her state of health. What do you do?

• I give information as soon as he states his name, because close relatives are automatically entitled to information
• I refer to the duty of confidentiality (Schweigepflicht), and check authorisation/consent to disclose and his identity
• I give her general condition and diagnosis, because general information is not covered by confidentiality
• I put him through to the doctor, who may give relatives information at any time without further checks

Explanation: The duty of confidentiality also applies to relatives. Without the patient’s consent or a corresponding authorisation (authorised representative/legal guardian) and without checking identity, no information is given.

Why does even everyday basic care need the patient’s agreement?

• Out of politeness; legally, consent is required for medical procedures
• Because the consent signed on admission applies to all further nursing measures
• Because any measure on the body without consent legally constitutes bodily harm (Körperverletzung)
• Because otherwise the Pflegekasse will not cover the service and the facility is liable for it

Explanation: The patient’s will is always decisive. Care against the declared will is unlawful — if refused: inform, look for alternatives, document the decision. Consent given on admission does not replace agreement to the individual measure; it can be withdrawn at any time.