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News

Prohibition of reimbursement of Nursing home costs ("Pflegeregress") that occurred before 01.01.2018

26.02.2019

The “Pflegeregress”, which has been waved since 01.01.2018, had for consequence that assets of the person who admitted to care facilities and as well their heirs had to contribution to the care costs. 

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Limitation period does not begin until knowledge of the circumstances

26.02.2019

The period of limitation begins in the case of medical malpractice only with knowledge that such had occured. 

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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. 

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No contributory negligence on the part of the patient due to the culpable causation of his need for treatment

24.03.2017

According to established jurisprudence and prevailing academic doctrine contributory negligence on the part of the killed relative is taken account in the survivors’ claims for damages (§ 1327 ABGB) against the injuring party per analogy to § 7 (2) EKHG.

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Exceptional strain of an alternativ method of cancer therapy

14.12.2016

In the case decided, a taxpayer suffering from cancer has consulted an alternative practitioner in Germany who has not been licensed in Austria. 

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