Informed consent in Austria: legal situation, practice and challenges for healthcare professionals

Informed consent – known internationally as informed consent – forms the legal and ethical foundation of every medical procedure. For doctors, specialists and legal professionals in the Austrian healthcare system, it is not only a legal obligation, but a fundamental component of patient-centered care.

According to Section 252 ABGB, medical treatment may only be carried out with the patient’s consent. Consent is only effective if it is given after the patient has been fully and comprehensibly informed. Treatment without such consent is generally unlawful – even if it was medically indicated.

This means that the responsibility for the correct implementation of informed consent lies entirely with the medical staff. This article provides an in-depth overview of the current legal situation in Austria, operational requirements in practice and common pitfalls in everyday clinical practice. A comparative analysis with Germany and a classification of digital solutions such as medudoc can be found in the corresponding main article on informed consent in Germany and Austria.

Legal basis for informed consent

The General Civil Code (ABGB) regulates the requirements for the medical treatment of adults in §§ 252-255. Essential contents:

§ SECTION 252 ABGBOnly persons of legal age who are capable of making decisions can give their own consent.
§ SECTION 253 ABGB: In the absence of decision-making capacity, the consent of an authorized representative or adult representative is required – unless there is a binding living will.
§ SECTION 173 ABGB: Children and adolescents can give their consent if they are capable of understanding and judgment. In the case of serious interventions, the consent of the parents (legal guardians) is also required.

A central role is played by the Patient Decree Act (PatVG). It distinguishes between

Binding living will: In writing, after medical explanation, legally binding for the doctor.
Considerable living will: Without formal requirements, but must be taken into account.

In combination with the Medical Practitioners Act (Section 51), which requires all medical measures to be documented, this provides a clear legal framework: No intervention may take place without legally valid consent, and this must be properly documented.

Requirements for information and consent

Contents of the education

Before a patient can give legally valid consent, the healthcare professional must inform them about the following points:

Type and aim of treatment
Possible risks and complications
Alternatives to the proposed measure
Prospects of success and forecasts
Consequences of non-treatment

This information must be provided verbally, comprehensibly and in good time. The use of information sheets, videos or information material is permitted – but does not replace a personal conversation.

Form and documentation

Consent should ideally be given in writing, especially in the case of invasive or risky procedures. However, it is crucial that the patient has understood the content and agrees to the procedure voluntarily.

In accordance with Section 51 of the Medical Practitioners Act, the information and consent must be fully and comprehensibly documented. This means that

Record the date, time and content of the conversation
Name of the informing doctor
Signature of the patient (digital or analog)
Possible special features (language barriers, queries, rejection)

If the patient waives the right to information, this must also be documented. A waiver does not release the patient from the obligation to inform the patient of significant risks if the waiver is not absolute.

Frequent challenges in everyday clinical practice

Whether in outpatient care, in hospital or with telemedical services – the following sources of error occur time and again:

Time pressure: Abbreviated information meetings or the purely formal handover of a form are legally insufficient.
Language barriers: Informed consent without a qualified interpreter can lead to the consent being invalid.
Standardization without individualization: A generic form without reference to the specific patient situation is not enough.
Lack of documentation: Without an entry in the medical history, consent cannot be proven in the event of liability.
Lack of involvement in the case of minors or representative relationships: The legal representation rights must be precisely observed.

Digitalization as an opportunity: Informed consent with medudoc

The complexity of modern medicine and scarce resources in clinics make structured, digital Patient Education increasingly relevant. Solutions such as medudoc offer:

Video-based education based on medical guidelines
Individual adaptation to indication, language and risk profile
Digital signatures (incl. remote signature) with audit-proof storage
Structured documentation in accordance with ABGB, ÄrzteG and DSGVO

Advantage for healthcare professionals: Reduction of up to 70 % in the amount of information required, greater patient understanding and legally compliant storage of all documents – regardless of whether information is provided on site or via telemedicine.

For a complete overview of the integration of digital tools into legally compliant patient education:
For analysis: Digital Patient Education & Informed Consent (Germany & Austria)

FAQ on informed consent in Austria

If they can understand the significance and scope of a measure and make a decision based on this. This is independent of age, provided they have the capacity to understand.

No, but strongly recommended. Written documentation is standard for high-risk measures or in the inpatient sector and is essential from a liability law perspective.

No. The personal interview is mandatory – the form is only used for supplementation and documentation.

Only sufficiently qualified medical staff (e.g. doctor, specialist). Delegation to non-medical assistants is not permitted.

Yes, but this waiver must be declared voluntarily, in writing and comprehensibly – including confirmation that the patient is aware of the risks.

Minors with decision-making capacity may give their consent, but in the case of serious interventions, parental consent is also required (Section 173 ABGB).

Conclusion

Informed consent in Austria is a clearly structured, legally binding process – not a formal act. Healthcare professionals have a responsibility to empower patients to make decisions based on valid information. In times of increasing requirements, the use of digital tools such as medudoc offers the opportunity to map this process in an efficient, standardized and legally compliant manner.