Tag
Articles on Austria
- Law & regulation
Informed consent 2026: what has changed legally for physicians and hospitals
The basic framework of informed consent is stable, but the requirements for evidence, individualisation and documentation are rising. In Germany, the treating party bears the burden of proof for a proper consent discussion (§ 630h(2) BGB); general template forms are not sufficient if there are particular risk factors. Since August 2026, the transparency obligations of the EU AI Act also apply, for example to chatbots and AI-generated content. Common errors are missing proof of timing, standard forms without individualisation, undocumented conversations, ignored language barriers and analogue archiving.
· 9 min read - Law & regulation
Legally sound patient education in 2025: why comprehensive information is indispensable today – insights from current case law and digital innovation
Under both German and Austrian law, patient information must be complete, individual, comprehensible and provable (Germany: Sections 630a–630e of the German Civil Code, BGB; Austria: ABGB and patients' rights). Courts examine not only whether patients were informed, but how individually and how well this was documented. This includes rare but serious risks and genuine treatment alternatives. Digital patient education can strengthen comprehensibility and documentation; the personal consent discussion with a physician remains mandatory.
· 5 min read - Articles & guides
Overview of providers of patient education solutions in the DACH region
The market for digital patient education in the DACH region consists of two groups: providers with their own patient education content, and manufacturers of hospital information systems (HIS) and practice management systems (PMS) that integrate patient education modules and often use content from specialised providers for this. The overview sets out the providers side by side with their focus areas in content, medical history and workflow.
· 14 min read - Articles & guides
Why an electronic record alone is not enough: structured data instead of a collection of PDFs
ELGA in Austria and the ePA in Germany solve an important problem: findings, medication plans and physicians' letters are available to patients and treating providers in one place instead of disappearing on paper or in separate practice systems. However, this only solves the question of access – not the question of data quality, i.e. whether ELGA or the ePA contain structured data. If an electronic record essentially remains a collection of scanned or exported PDF documents, the actual work also remains unchanged: every physician has to search the document for the relevant information again. This is exactly where a structured digital medical history comes in.
· 8 min read - Law & regulation
SES, AES or QES for surgical informed consent — which eIDAS level is legally sound? A factual assessment for hospitals in the DACH region.
For standard surgical informed consent, medical law in Germany and Austria does not prescribe a specific signature level. An advanced electronic signature (AES) is generally sufficient if it is embedded in a complete consent trail. The qualified electronic signature (QES) is the appropriate instrument for clinical trials under the AMG or MPDG, or where required by compliance or the liability insurer. A simple electronic signature (SES) — such as a finger signature on a tablet without proof of identity — is in principle not sufficient under medical law.
· 11 min read - Law & regulation
Cloud or on-premise in hospitals: what IT security and liability law actually require
Since 2024, the German legislator has expressly permitted cloud use for health data in § 393 SGB V — under clearly defined, verifiable conditions: processing in Germany or in the EU, an establishment of the processing entity in Germany, technical and organisational measures in line with the state of the art, and a current BSI C5 attestation. A blanket “cloud is not an option for us” is therefore no longer a legal position but an operational decision, subject to the same obligations to provide evidence as any other. What matters is not where the data is processed, but who operates an internet-facing service — and who can prove that the protective measures were adequate in the event of a dispute.
· 20 min read - Law & regulation
Burden of proof for informed consent: why a signature is not enough in a liability case
Under Section 630h(2) of the German Civil Code (BGB), the treating party bears the burden of proving patient information and consent — not the patient. A signed consent form only proves that a document was signed, not that the patient was informed individually, comprehensibly and in good time. The hospital's position becomes robust when the entire consent process can be reconstructed: which content was viewed when, which questions were asked and when the document was signed. In Austria, established OGH case law applies a comparable allocation of the burden of proof.
· 7 min read - Law & regulation
Telemedical consent discussion: the legal position for ASA I/II patients in Germany and Austria
In Germany and Austria, the prevailing view holds that a fully telemedical consent discussion for patients in risk classes ASA I and ASA II before straightforward elective procedures is permissible, provided the relevant requirements are met. What is required is a genuine real-time conversation with a physician — by video or by telephone — with the opportunity to ask questions, the patient's agreement, timely delivery and documentation that stands up as evidence. A patient education video or a consent sheet alone does not replace this conversation. What changes is not the duty to hold the conversation, but its modality. A ruling by the highest courts specifically on video-assisted consent discussions is still pending in both countries — to that extent, the legal position is not conclusively settled.
· 23 min read - Articles & guides
Mallampati classification and digital medical history: why airway assessment stays in the hospital
The Mallampati classification is a visual examination of the oral cavity that a trained person performs directly on the seated patient — it cannot be collected via a digital questionnaire. medudoc therefore supports airway assessment where a smart digital medical history is strongest: in the structured recording of the patient's history and in early, individual patient education on anaesthetic techniques and alternatives. The physical airway examination itself — including the Mallampati classification — continues to be performed in person by the physician at admission.
· 9 min read - Law & regulation
Informed consent in Austria: legal framework, practice and challenges for medical staff
In Austria, medical treatment is only permissible with valid consent (§§ 252–255 ABGB); without it, treatment is in principle unlawful, even if it was medically indicated. Consent requires oral, comprehensible and timely information about the nature and aim of the treatment, its risks, alternatives, prospects of success and the consequences of not treating. For hospitals, §§ 5a and 8 KAKuG also apply; there, § 10 KAKuG requires the patient information to be documented, while § 51 ÄrzteG sets out physicians' general duty to document. Consent sheets and videos supplement the physician's discussion, but do not replace it.
· 8 min read - News
Expert evening in Vienna: how digital patient education increases patient throughput
On February 26, 2026, medudoc hosted an expert evening at Palais Eschenbach in Vienna. Experts from medicine, law and digital health discussed how hospitals can increase patient throughput and relieve staff with digitalised processes for preparing planned procedures – with talks by Prof. Dr. Jochen Werner, Univ.-Prof. Dr. Christoph Herbst, Prim. Prof. Dr. Gregor Lindner and Martin Klässner.
· 2 min read - Articles & guides
Digital patient education in practice: greater legal certainty, less time pressure
Under § 630e BGB (Germany) and § 252 ABGB (Austria), patients must be informed individually, comprehensibly and in good time – standard texts alone are not sufficient. Individualised patient education videos convey the standard content in advance, so the physician's discussion can concentrate on individual risks and alternatives. The videos do not replace the personal discussion; they prepare it and make the informed consent process traceable.
· 6 min read