Articles on Telemedicine

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.