Die medizinische Indikation als Grundrechtsproblem

The medical, legal and social context that justifies the medical indication as a condition for medical action is subject to erosion tendencies. Therefore, there is considerable uncertainty regarding the legal use of the medical indication. The dissertation resolves this uncertainty by means of an innovative medical treatment concept. The constitutional analysis of the medical indication shows that informed consent can basically serve as an indication equivalent. The condition for this is that the legal form of informed consent is further developed in its current form, so that the constitutional result is thus supported. The KAIBRE model for medical treatment developed in this dissertation can be considered a reform option. By distinguishing between indicated, non-indicated and contra-indicated treatment goals and procedures, the decision model reduces the increasing dysfunctionality of informed consent.