germany fraud medical
Is it legal for a medical doctor to prescribe &#39;alternative medicine&#39; to an unsuspecting patient?
<p>It has happened to someone I know that a doctor prescribed them homeopathic treatment without explaining what homeopathy is (or even mentioning the word). Is this legal?</p>
<p>This was done by a licensed family doctor, and the prescription is on the standard prescription form, with stamp. The prescription simply mentions the brand name of the medicine. One could not tell that this is homeopathic just by looking at the prescription, unless already familiar with this specific pill. The person to whom this medicine was prescribed was not aware of what homeopathy was, nor did the doctor discuss this. They were simply told that this pill will make them better. I noticed what it was only when I saw the medicine box, clearly labelled as &quot;homeopathic medicine&quot;.</p>
<p>I understand that many patients will ask for alternative medicine, but this case is different because the patient simply trusted the doctor, and was not aware of what they were receiving. I do not see how this is at all different from quackery or fraud. Is it legal?</p>

<h2>Yes, it’s legal</h2>
<p>Homeopathic “medicines” contain no active ingredients so they are effectively <a href="https://en.wikipedia.org/wiki/Placebo" rel="nofollow noreferrer">placebos</a>. Placebo work for some patients some of the time but they don’t work if the patient knows what they are. For them to be effective they have to be kept secret. Most doctors from time-to-time and for various reasons <a href="https://www.ox.ac.uk/news/2013-03-21-97-uk-doctors-have-given-placebos-patients-least-once" rel="nofollow noreferrer">prescribe</a> placebos.</p>
<p>The ethics of this practice is debatable but the legality isn’t - it’s totally legal.</p>

<p>This depends on the circumstances and the medical condition involved. A doctor is required to offer treatment in line with generally accepted medical practice, or explain why his or her treatment is outside of those limits. Failing to do so may be grounds for a malpractice suit if harm results.</p>
<p>If the patient has a serious condition in need of effective treatment, and such treatment is possible, using a placebo instead may well constitute malpractice.</p>
<p>If a patient does not have an actual medical condition, offering a placebo and charging for it may be fraud. This would be particularly true if the patient is encouraged to come back, and the doctor will profit from additional visits.</p>
<p>In some cases a doctor is required to obtain <strong>informed</strong> consent for treatment, and the situation described in the question does not meet that standard.</p>
<p>Laws on this point do vary in different jurisdictions, this answer, while not specific, is from a US perspective.</p>
