Summary

This article provides an overview of topical legal aspects of medicine in Germany. One of the issues under debate is the cases where medical interference is punishable. As a rule, medical intereference is permitted with the consent of a patient. If a patient is not aware of any medical treatment taking place and therefore cannot give his or her consent, medical intereference is deemed to be justified on the grounds of presumed consent. However, physicians have the duty to inform patients of treatment. Legal issues relating to organ transplantation and autopsy are also in the centre of attention. Further, the determination of brain death is a complex issue.
The German Human Embryo Protection Act has given rise to heated discussions. The Act is seen as too conservative and is believed to impede human embryo related scientific research in Germany.