Medical Law

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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.

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


Launch of re­search co­oper­a­tion between Uni­versity of Inns­bruck and CMS...
The Fac­ulty of Law at the Leo­pold Fran­zens Uni­versity of Inns­bruck and CMS Aus­tria are part­ner­ing to pro­mote uni­ver­sity re­search­ers in med­ic­al law. CMS will sup­port the re­search centre for med­ic­al law at the Uni­versity of Inns­bruck both fin­an­cially and in re­la­tion to con­tent. The CMS Life Sci­ences Award is also be­ing in­tro­duced. A co­oper­a­tion agree­ment was re­cently signed by Univ.-Prof. Dr. Wal­ter Ob­wex­er, Dean of the Fac­ulty of Law, and Dr. Gab­ri­ela Staber, Part­ner, and ex­pert in the field of Life Sci­ences & Health­care at CMS Aus­tria. The co­oper­a­tion aims to fur­ther ad­vance re­search in the field of med­ic­al law. The re­search should provide an­swers to many un­der-in­vest­ig­ated or new leg­al ques­tions in this area. CMS provides in­put from the prac­tice  The co­oper­a­tion will fur­ther in­tensi­fy the teach­ing and re­search fo­cus in med­ic­al law that has been suc­cess­fully es­tab­lished at the Uni­versity of Inns­bruck Fac­ulty of Law. Through CMS, one of the lead­ing na­tion­al and in­ter­na­tion­al law firms in the field of Life Sci­ences & Health­care, stu­dents will re­ceive valu­able in­put from the prac­tice in the fu­ture. They will be able to re­sort to a pool of cur­rent top­ic sug­ges­tions for dis­ser­ta­tions, mas­ter­'s theses, and sem­in­ar pa­pers with par­tic­u­lar fo­cus on phar­ma­ceut­ic­al and med­ic­al device law as well as bi­o­tech­no­logy. Award for ex­cep­tion­al achieve­ments  An­oth­er im­port­ant part of the re­search co­oper­a­tion is the CMS Life Sci­ences Award, which will be presen­ted once a year. The award is en­dowed with EUR 2,500 and is in­ten­ded for stu­dents whose ex­cel­lent dis­ser­ta­tions, mas­ter­'s theses or sem­in­ar pa­pers make an im­port­ant con­tri­bu­tion to re­search in med­ic­al law. In ad­di­tion to the CMS Life Sci­ences Award, con­fer­ences and net­work­ing events will be fa­cil­it­ated. These will fo­cus on in­form­a­tion and the ex­change of new res­ults to help stu­dents and aca­dem­ics bet­ter un­der­stand top­ics rel­ev­ant to the field. No de­vel­op­ment without re­search Univ. Prof. Dr. Wal­ter Ob­wex­er says about the re­search co­oper­a­tion: "Our stu­dents, dir­ect­ors and staff at the re­search centre are united in their en­deav­our to en­sure the per­man­ent de­vel­op­ment of med­ic­al law through their com­mit­ment and res­ults. We are very pleased to be work­ing with CMS, as the co­oper­a­tion will en­able us to of­fer an even bet­ter or­gan­isa­tion­al, fin­an­cial and per­son­nel frame­work for rel­ev­ant re­search pro­jects."CMS part­ner Dr. Gab­ri­ela Staber, who her­self ad­vises phar­ma­ceut­ic­al, med­ic­al and bi­otech com­pan­ies, hos­pit­als as well as health­care start-ups, em­phas­ises: "Of course, there will be many press­ing ques­tions and chal­lenges over the com­ing years, es­pe­cially in health law. This makes it all the more im­port­ant to sup­port re­search activ­it­ies and thus also cre­ate an aca­dem­ic basis for prac­tic­al work. We see ourselves here not only as a sup­pli­er of ideas and top­ics but also as an in­ter­face and con­tact broker between uni­ver­sity re­search and com­pan­ies in the life sci­ences & health­care sec­tor." Med­ic­al Law and Pub­lic Health at the Uni­versity of Inns­bruck For 20 years now, the Leo­pold Fran­zens Uni­versity of Inns­bruck has been fo­cus­ing on med­ic­al and health law. With the Uni­versity Course in Med­ic­al Law, the Sum­mer School Med­ic­al Law, the Doc­tor­al Col­lege in Med­ic­al Law and Health Care and the Re­search Centre for Med­ic­al Law, there are now four pil­lars that sup­port teach­ing and re­search in equal meas­ure. Not least, for this reas­on, the Uni­versity of Inns­bruck sees it­self as an au­thor­it­at­ive hub for med­ic­al law is­sues.
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...
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...
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
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...
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...
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...
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
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...
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...
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
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...