Case-Law on Informed Consent in Germany: A Model for Albania?

Case-Law on Informed Consent in Germany: A Model for Albania?
Ervin Pupe, Denard Veshi, Carlo Venditti, Raffaele Picaro, Kristel Haxhia
Liverpool Law Review, 10 January 2023
Abstract
Since the 1990s, Albania has recognized human dignity as one of the main constitutional principles. However, the national medical jurisprudence regarding informed consent has not been developed as in other Western European Countries. Germany is one of the countries that has a long tradition of protecting human dignity in patient-physician relations.This contribution studies the German law on informed consent to medical treatment, Gesetz zur Verbesserung der Rechte von Patientinnen und Patienten of February 2013 through the application of a case-law study. This law, which codifies the national courts’ decisions, highlights the ethical principle of autonomy. In other words, in the absence of a solid national medical jurisprudence, this paper investigates the possibility that Albanian judges could apply the legal arguments of their German colleagues since in the case of case-law study there is an absence of political interference, which can better demonstrate the ethical principle of autonomy and the right to self-determination.