Question 1

When is a patient capable of making decisions?

Accepted Answer

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.

Question 2

Is written consent always necessary?

Accepted Answer

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.

Question 3

Is a signed information sheet without an interview sufficient?

Accepted Answer

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

Question 4

Who is allowed to clarify?

Accepted Answer

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

Question 5

Can a patient dispense with the information?

Accepted Answer

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

Question 6

What needs to be considered for minors?

Accepted Answer

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

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