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No obligation of the physician to inform or to warn about the costs of the treatment

24.03.2017

After a ski accident the defendant was transported to the claiments private hospital. Although the defendant confirmed that she had a private health insurance, it turned out later that the insurance was only a statutory health insurance covering only a part of the treatment costs. The defendant argued the opinion that the claiment unduly did not inform her about the costs coverage by her medical insurance. The OGH did not follow this line of argumentation because the physician’s obligation to inform results from the intervention in the physical integrity of the patient which is typical for a medical treatment and not from the remuneration of the treatment contract. [OGH (Austrian Supreme Court) 21.04.2016, 9 Ob 19/16h]