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Legal Publications

Discover thought leadership and legal insights by our legal experts from across CMS. In our Expert Guides, written by CMS lawyers from across the jurisdictions where we operate, we provide you with in-depth legal research and insights that can be read both online and offline. You can also find Law-Now articles with focused legal analysis, commentary and insights to help you anticipate future challenges and much more.


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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...
Brochures
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
Publication
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...
Publication
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
Publication
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
Publication
05/02/2016
How to act during criminal proceedings
The subject of this article is the question of how to act in criminal investigations on the grounds of an alleged malpractice
Publication
28/01/2016
Verhalten bei Strafverfahren
Gegenstand dieses Beitrags ist, wie im Fall von strafrechtlichen Ermittlungen aufgrund eines behaupteten Be­hand­lungs­fehlers vorzugehen ist
Publication
12/12/2015
Scanning patient records for storage
Older patient records were often not made in electronic form, but in paper form. More and more medical records are being scanned to prevent the storage spaces from being overrun by paper mountains, but...
Publication
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...
Publication
19/11/2015
The advanced healthcare directive
The advanced directive is a written declaration of intent through which the patient can exercise an influence on which medical treatments may not be undertaken on their person
Publication
11/11/2015
Admissibility of advertising on the internet – Part III
The first two articles presented the legal requirements related to advertising by doctors, especially on the internet. This article deals with the question of what must be paid attention to with regards...
Publication
05/10/2015
Who is liable when extraordinary intolerance to a therapy arises?
The Supreme Court ruled in a recent decision that the hospital or doctor carrying out the treatment is also responsible for the consequences of an extraordinary and unforeseeable intolerance to a therapy...
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