Rainer Herzig News Today

Introduction The Act on Medicinal Products (AMG)(1) and the Trade and Industry Act (GewO)(2) set strict rules on the sale of medicinal products. Broadly, only pharmacies may sell medicinal products to consumers. Pharmacies may also sell medicinal products not subject to prescription by distance selling, provided that: the purchaser buys only the quantity needed for personal use; the products are not negatively affected by shipping; and the pharmacy provides advice during the order process. Drug...

If a doctor recognises a patients need for certain medical treatment, the doctor must inform the patient of the necessity of such treatment and the risks associated with not having it. The scope of this medical information depends on the individual case and doctors are not required to indicate all possible consequences of the treatment. Facts On 4 May 2012 a patient (the plaintiff) consulted a doctor (the defendant) because he felt anemic, had a headache and vertigo and felt discomfort. The def...