In addition to doctors, other professional groups play an important role in healthcare, such as: Nurses, midwives, physiotherapists, biomedical analysts, dieticians, occupational therapists, speech therapists, orthoptists and radiology technologists. These are advanced medical-therapeutic-diagnostic professions that are practiced independently and contribute significantly to the care and support of patients. The respective areas of activity are defined by specific legal regulations.
The relationship between medical and non-medical healthcare staff and patients is regulated by detailed legal provisions. A treatment contract entails numerous rights and obligations for both parties.
Obligations on the part of doctors:
- Duty to inform: Doctors must provide their patients with comprehensive information.
- Treatment obligation: The treatment must correspond to the current state of medical science.
- Duty of confidentiality: Doctors must maintain confidentiality about patient data.
- Documentation obligation: All relevant information must be documented.
- Obligation to report and notify: Doctors are obliged to report certain incidents.
Obligations on the part of the patient:
- Payment of the fee: Patients must bear the costs of treatment if these are not covered by the respective social insurance provider.
- Presentation of the e-Card: This is necessary for the identification of the patient and for billing.
- Obligation to provide information, tolerate actions, and cooperate: Patients must cooperate and provide relevant information.
It is important for you to note that the outcome of your medical treatment is significantly influenced by you. Treatment can only be tailored to you in the best possible way if you fully disclose all the circumstances surrounding your illness to the doctors treating you. Your involvement in the therapy will also steer its progress in a positive direction.
To safeguard patients' rights, these were summarised in an agreement between the federal and state governments (Patient Charter). Hospitals are obliged to respect these rights. Every hospital has hospital regulations, which also contain more detailed regulations on patients' rights and obligations. Find out about visiting times, the daily routine and your rights in the facility regulations. The hospital regulations must be made public in every hospital.
Right to information and consent
You have the right to decide for yourself whether or not to undergo medical treatment. In the event of a refusal, please speak to the doctor responsible about alternative treatment options. In principle, you cannot demand any special therapy. Especially in cases where there is no medical necessity or a disproportionate risk, your doctor can or must refuse this therapy for medical reasons.
You have the right to be informed comprehensively and clearly about the possibilities and risks of your treatment in a medical consultation. Your consent to the respective treatment requires this information. The information must be provided in a timely, comprehensive and comprehensible manner: There must be sufficient time for reflection between the consultation and the treatment. You also have the right to obtain a second opinion. The doctor must inform you of all possible risks associated with the treatment or operation in question. Information sheets can be used to support the information provided by the doctor.
Right to refuse medical treatment
You have the right to refuse medical treatment. No one may treat you against your will. However, in emergencies, if you are unresponsive and treatment is vital, treatment may be carried out without your express consent.
Treatment of underage children
For children up to the age of 14. From the age of 18, a person entrusted with custody usually decides on medical treatment. From the age of 14. From the age of 18, the child or adolescent must consent to the treatment themselves. Exceptions apply if the minor has reached the age of 14. The patient is not capable of making decisions until the age of 18 or if serious medical interventions are involved. In such cases, the consent of a person entrusted with custody is also required.
Representation arrangements for adults
In the event that adults are not fully capable of giving consent and there is no emergency, there are various options for representation:
- You can appoint a person of your choice in advance to make decisions about medical treatment on your behalf, together with you or if you are completely incapable of giving consent. This can be regulated via an adult representative directive or a health care proxy. These documents must be drawn up in writing and in person before a notary, a lawyer or an adult protection association (Erwachsenenschutzverein).
- Legal representation of adults: Close relatives such as parents, grandparents, spouses or adult children can take over the legal representation if necessary.
- Judicial representation of adults: If no representative has been appointed in advance and you are unable or unwilling to make a choice yourself, the court can appoint a court-appointed adult representative. This is also the case if legal representation is not an option.
Important: For a representation to become effective, it must be registered with the Österreichischen Zentralen Vertretungsverzeichnis (ÖZVV)/ Austrian Central Register of Representatives.
Right to documentation and access to medical history
Your treatment team is obliged to keep records of your medical history and the course of treatment. As a patient, you have the right to view information about the content of your medical history. You are also entitled to receive a copy of your medical history, including x-rays. This right is referred to as the "right of access to medical records."
When you are discharged, a discharge letter will be issued, the recipient of which is determined by you. It is recommended that you keep copies of your discharge letters in a safe place, especially if you suffer from several illnesses or are being or have been treated in different healthcare facilities.
Confidentiality and data protection
The hospital staff are obliged to maintain confidentiality about all your personal, financial and other circumstances, in particular all circumstances relating to your state of health. We only pass on data to third parties if we are legally obliged to do so or if you request or authorise us to do so.
Right to treatment and care with as little pain as possible
Patients have the right to treatment and care that is as painless as possible. The right to the best possible pain therapy is expressly laid down in the Patient Charter. Palliative medical measures such as pain relief, basic care, nutrition and hydration are also part of the legally required medical and nursing services.