[The health and will of the patient--applied to extended surgical procedures]

Austria is also becoming increasingly aware of the problems involved in the giving of information to the patient by the doctor. In individual cases, the patient seeks to enforce claims on the basis of having been inadequately informed. The principle that the extent of the information must, in the first place, take into consideration the patient's wellbeing and only in second place the patient's right to self-determination is generally valid, in particular with respect to ad hoc decisions taken during an operation. Notwithstanding, especially during operations conflict situations arise whenever the duty to give medical aid in the genuine interest of the patient and the patient's right to self-determination have to be weighed up against each other. General medico-legal principles and relevant jurisdiction with provide support for the doctor in these difficult decisions.