Regulating open disclosure: a German perspective

Abstract

The issue of open disclosure has received growing attention from policy-makers, legal experts and academic researchers, predominantly in a number of English-speaking countries. While implementing open disclosure in practice is still an on-going process, open disclosure now forms an integral part of health policy in various American states, the UK, Canada, Australia and New Zealand, with a number of measures having been put in place to encourage open disclosure and to mitigate some of the barriers to such open communication. In contrast, this issue has received little attention in non-English-speaking countries and there is currently no empirical data relating to actual practice or practitioners' attitudes and views in most countries in continental Europe. This article critically examines Germany's current approach to open disclosure. It finds that the issue plays no significant role in German health policy with very limited measures explicitly concerning such communication currently in place. While a number of aspects of the wider regulatory framework appear to be supportive, Germany is still in the early stages of a systematic approach and additional measures are required to further promote open disclosure within the self-governing German healthcare system. This exploration provides an example of a non-English-speaking country's approach to open disclosure and may be of particular interest to neighbouring German-speaking and civil law countries such as Switzerland and Austria.