Ärztliche Aufklärungspflichten im Strafrecht

The core of the study is the analysis of the physician's duty to disclose as a speech act. In contrast to the BGH's formulation, the patient disclosure is not largely "characterized by the atmospheric" and thus withdrawn from legal analysis but a form of rule-governed behavior. With the insights gained from this, a limited interpretation of the physician's duty of disclosure is developed for criminal law, relying on the BVerfG's infidelity decision. The study is followed by a discussion of the current criminal law debate on reducing the criminal liability of physicians for breaches of the duty of disclosure.