In general there are 3 significant malpractice risks for anaesthesiologists: insufficient supervision especially in case of patients, who have a known awareness risk, technical mistakes in the preparation or controlling of anaesthesia and no or insufficient therapeutic reaction if awareness has occurred. As long as awareness cannot be avoided during anaesthesia this risk should be explained to the patient. But the information should be given by the physician very subtly and carefully.Until today there have been only 3 court decisions in Germany concerning awareness. In all cases the claims have been dismissed. There is no Federal Court decision dealing with informed consent in case of awareness.