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Informed consent and 'wrongful birth': the Austrian Supreme Court's approach
1School of Law, University of Graz, Austria.
Medicine and Law
|January 1, 1992
Summary
The Austrian Supreme Court limits the scope of informed consent, stating physicians need not disclose every medical risk. The court also deferred discussion on compensating for wrongful birth claims due to potential negligence.
Area of Science:
- Medical Law
- Tort Law
- Bioethics
Background:
- Examines the Austrian Supreme Court's stance on informed consent and wrongful birth claims.
- Analyzes a specific court decision regarding physician disclosure obligations and compensation for birth-related damages.
Framework:
- Focuses on the legal principles of informed consent in medical treatment.
- Investigates the legal and ethical considerations of wrongful birth litigation.
Implementation:
- The court ruled that physicians are not obligated to inform patients of every conceivable risk associated with medical therapy.
- The issue of whether maintenance costs resulting from alleged physician negligence are compensable in wrongful birth cases remains unresolved.
Implications:
- This decision may narrow the scope of patient autonomy and the duty to inform in Austrian medical practice.
- The unresolved aspect of wrongful birth compensation highlights ongoing legal debates regarding damages in obstetrical negligence cases.