colourful medical capsules

Medical professional & labour law as key elements of the healthcare industry

Medical professional law and labour or service law play a central role in the cooperation between members of the health care professions, hospitals, outpatient clinics, primary care centres and companies in the health care sector. This cooperation regularly confronts health care industry stakeholders with two complex legal matters that pose great challenges. 

Medical Professional & Employment Law: Severe penalties for non-compliance

In addition to specific legislation for health care professions (e.g. Doctors Act, GuKG, MTD Act, MABG, MTF-SHD Act), there are numerous collective agreements for the health sector, which in turn contain different working time and remuneration models.

Knowledge of the specific rights and duties as well as the statutory professional profiles of health professionals is therefore essential. Equally important is the combination of these with labour, service or hospital law requirements. Errors in the organisation of everyday cooperation can have consequences under medical professional, labour and social law, and can even lead to administrative and judicial penalties.

CMS: Professionalism & experience in medical and labour law

We are aware of the challenges presented by medical, labour and service law and provide advice in cooperation with members of the health care professions in: 

  • medical universities,
  • hospitals,
  • outpatient clinics,
  • operational management companies,
  • interest groups, trade unions and
  • healthcare companies.

Based on our many years of experience, we offer you legally secure and practice-oriented solutions concerning all professional and labour law issues concerning cooperation in the health care sector and support you in both internal company conflicts and legal disputes.

We have expertise in dealing with various labour and medical law issues such as:

  • Legal issues arising from professional practice (including definition and limitation of statutory professional profiles according to medical professional law),
  • Drafting contracts,
  • Negotiating works council agreements and collective agreements
  • Implementing operational restructuring,
  • Legal compliance, and
  • Process management.

Stay up to date with us

Would you like us to regularly inform you about current issues? Subscribe to our newsletter (in German) and receive convenient information on events or other important legal developments by e-mail.

Get to know our experts on medical professional and labour law issues here!


Feed

16/04/2020
New re­port­ing ob­lig­a­tion for sup­ply short­ages of pre­scrip­tion medi­cines
Since 1 April 2020, if pre­scrip­tion drugs are not avail­able or only avail­able in lim­ited quant­it­ies, mar­ket­ing au­thor­isa­tion hold­ers have had to no­ti­fy the BASG. Since the new reg­u­la­tion came in­to force...
01/01/2018
Good medi­cine in­stead of bit­ter pills
Leg­al ques­tions re­gard­ing health­care also play an im­port­ant role in times of eco­nom­ic change. We ad­vise nu­mer­ous dis­tin­guished cli­ents, such as es­tab­lished health­care fa­cil­it­ies in or­der for them to ful­fil...
10/08/2016
Passing on pa­tient in­form­a­tion to law en­force­ment au­thor­it­ies
In its latest ver­dict, the Fed­er­al Ad­min­is­trat­ive Court ad­dressed the ques­tion of to what ex­tent med­ic­al re­cords may be passed on to law en­force­ment au­thor­it­ies.
05/08/2016
Ad­miss­ib­il­ity of ad­vert­ising on the in­ter­net – Part II: Re­quire­ments for...
The first part of this series presen­ted the pro­fes­sion­al eth­ics guidelines. This art­icle deals with the ques­tion of what oth­er leg­al re­quire­ments need to be paid at­ten­tion to when ad­vert­ising on the...
08/07/2016
Com­pens­a­tion for the pain and suf­fer­ing caused by re­duced life ex­pect­ancy?
The Aus­tri­an Su­preme Court is­sued a ver­dict re­du­cing the amount of com­pens­a­tion awar­ded by a court of lower in­stance. Even if an er­ror in treat­ment means a pa­tient has a shortened life ex­pect­ancy, then...
17/06/2016
Pa­tient neg­li­gence con­trib­utes to er­ror in treat­ment?
In its latest ver­dict, the Su­preme Court ad­dressed the ques­tion of wheth­er con­trib­ut­ory neg­li­gence was to be at­trib­uted to a pa­tient in the fol­low­ing case: A pa­tient was brought to hos­pit­al be­cause of...
23/05/2016
Ob­lig­a­tion to check com­poun­ded phar­ma­ceut­ic­als
The Aus­tri­an Su­preme Court de­clared in a re­cent de­cision that a doc­tor must check what in­gredi­ents a phar­ma­ceut­ic­al product con­tains be­fore ad­min­is­ter­ing it.
11/05/2016
Duty to in­form with re­gards disc sur­gery
In a re­cent de­cision, the Aus­tri­an Su­preme Court stated that there was no ob­lig­a­tion to provide in­form­a­tion about the ne­ces­sity of car­ry­ing out a 2nd spin­al fu­sion op­er­a­tion if the prob­ab­il­ity of this...
28/04/2016
Reg­u­la­tions on sharp or poin­ted med­ic­al in­stru­ments: a prac­tic­al test
The health in­dustry is of­ten con­fron­ted with spe­cif­ic ques­tions re­lated to safety products, ques­tions which are not al­ways easy to an­swer in their com­plete leg­al scope. These ques­tions res­ult from the...
25/04/2016
On the scope of the duty to in­form with re­gards epi­dur­al an­aes­thesia
In a re­cent de­cision, the Aus­tri­an Su­preme Court stated that a pa­tient has to be in­formed of the risk of para­ple­gia when be­ing ad­min­istered an epi­dur­al an­aes­thesia.
04/03/2016
Reg­u­la­tions on sharp or poin­ted med­ic­al in­stru­ments: a prac­tic­al test
The health in­dustry is of­ten con­fron­ted with spe­cif­ic ques­tions re­lated to safety products, ques­tions which are not al­ways easy to an­swer in their com­plete leg­al scope. These ques­tions res­ult from the...
24/02/2016
Telemedi­cine: What is the leg­al basis?
The term telemedi­cine is a ver­sat­ile one - what should we ac­tu­ally un­der­stand from it, and who is li­able for what?