Informed consent in the German legal order from the BGH’S 14 February 1989 judgment to the present – a comparative perspective in light of the Portuguese and Brazilian legal frameworks

Abstract

Informed Consent in the German Legal System: From the BGH Ruling of 02/14/1989 to the Present - A Comparative Perspective in Light of the Portuguese and Brazilian Legal Systems” xplores the evolution and significance of informed consent in the doctor-patient relationship, with a focus on German case law and its comparison with the Portuguese and Brazilian legal systems. Patient autonomy and self-determination are fundamental pillars in modern medical practice, where the proper communication of both frequent and rare risks is crucial for informed decision-making. The study takes as its starting point the landmark judgment of the Bundesgerichtshof (BGH) from 1989, which marked a major turning point in the approach to informed consent in Germany, and examines its ongoing relevance and influence on subsequent doctrinal, jurisprudential, and legislative developments. This work aims to critically analyze this decision, compare it with the Portuguese and Brazilian legal frameworks, and propose solutions to address challenges related to causation in the realm of informed consent.