Medico-legal assessment of malpractice under the Austrian penal code |
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| Authors: | G Bauer |
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| Affiliation: | 1. Laboratory of Applied Chemistry and Environment (URAC 18), Faculty of Sciences, University Mohammed I, B.P. 4808, 60046 Oujda, Morocco;1. Department of Pediatrics, Clinical Strategy & Transformation, University of Colorado, School of Medicine, Children’s Hospital Colorado, 13123 East 16th Avenue, Box 065, Aurora, CO 80045, USA;2. Stanford School of Medicine, Stanford Graduate School of Education, Policy & Community Engagement;3. University of Cincinnati, Cincinnati Children’s Research Foundation, Cincinnati Children’s Hospital Medical Center, 3333 Burnet Avenue MLC 3016, Cincinnati, OH 45229-3026, USA;1. Schell Center for International Human Rights, Yale Law School, New Haven, Connecticut, USA;2. Health and Human Rights Division, Human Rights Watch, New York, New York, USA;3. Public Health Program, Open Society Foundations, New York, New York, USA |
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| Abstract: | In recent years, Austria has seen some change in the approach to errors in medical practice. The privileged position of the medical practitioner within the meaning of the former penal code, in force till 1974, no longer exists; however, errors leading to insignificant damage to the patient's health may remain free from punishment. In any case, nowadays, the categories of the dogmatics of negligence are applied to the doctor's professional activity. The traditional concept of 'malpractice' as formerly applied has virtually been displaced from the medico-legal assessment of an error in medical practice. The patient-doctor relationship based on trust is increasingly being supplemented by legal norms. Accordingly, the doctor's liability appears increasingly as the doctor's typical professional risk. Yet, in Austria, the doctor's liability is still kept within limits. The situation, with some cases in point, is analysed and described. |
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