Summary Summary: In view of the above-mentioned ruling of the German High Court, the present author can see neither a tendential change with regard to the simplification of the liability law requirements in the area of patient information. Nor can the overall development of the law in this respect be considered moderate and balanced. Rather, he notes that the appearance is of an excessive, escalating incalculable information judicature, which restricts the freedom of the physician to use his own judgement more and more, making it understandable that physicians are increasingly being forced into a defensive position in order to protect themselves from the consequences of fateful risks. This development is being furthered by the fact that liability insurance is not merely becoming increasing expensive, but the number of insurance companies that are no longer willing to provide such insurance is increasing alarmingly, with the result that liability insurance is being cancelled, and physicians are left unprotected. We must, however, note that not every information error leads to liability, since any mistakes must be shown to be causal for the impairment of the patient’s right to self-determination, that is, the patient must plausibly show that his decision would have been otherwise if the information given him had been more appropriate.