Medical Law Firm & Legal Services in Austria

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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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15/03/2022
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.
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Good medicine instead of bitter pills
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23/05/2016
Obligation to check compounded pharmaceuticals
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11/05/2016
Duty to inform with regards disc surgery
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25/04/2016
On the scope of the duty to inform with regards epidural anaesthesia
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24/02/2016
Telemedicine: What is the legal basis?
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05/02/2016
How to act during criminal proceedings
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28/01/2016
Verhalten bei Strafverfahren
Gegenstand dieses Beitrags ist, wie im Fall von strafrechtlichen Ermittlungen aufgrund eines behaupteten Be­hand­lungs­fehlers vorzugehen ist
12/12/2015
Scanning patient records for storage
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25/11/2015
Inadmissible use of the term “Klinik” (clinic)
The last three articles showed how and in which manner doctors may carry out advertising. This article presents a decision recently made by the Supreme Court dealing with this question. The decision rules...
19/11/2015
The advanced healthcare directive
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