Medical liability & treatment errors in Vienna
Last updated: July 2026
Treatment errors, failure to properly inform the patient, damages for pain and suffering, compensation or limitation periods: we assess your case on the basis of your medical records and the medical expert report – calmly, thoroughly and without false promises.
Medical liability is about damages where a treatment error or a failure to inform has caused harm to health. The benchmark is the degree of care expected of an average specialist in the relevant field, as set out in § 1299 of the Austrian Civil Code (ABGB). Treatment must be lege artis – in line with the accepted rules of medical science. Not every complication is an error. The burden of proof generally lies with the patient, but prima facie evidence and gaps in the medical documentation make it easier to meet. Under § 1325 ABGB, compensation covers damages for pain and suffering, medical treatment costs and loss of earnings, among other items. The limitation period is three years from knowledge of the damage and of the person who caused it (§ 1489 ABGB). You can pursue claims out of court or, where necessary, by filing a claim in court.
In medical liability cases, the medical expert report almost always decides the outcome.
When treatment goes wrong, those affected often have a great deal at stake – their health, their ability to work, sometimes their plans for the future. But not every poor outcome is a treatment error: risks can materialise even when treatment is carried out with due care. What matters is whether the treatment met the accepted medical standard (lege artis) and whether an error caused the harm. Only the complete medical records and a medical expert report can answer these questions.
We handle these cases calmly and methodically: we request the medical records, assess the facts from a medical and legal perspective, evaluate the evidence realistically and put a figure on the claims – damages for pain and suffering, medical treatment costs, loss of earnings, care. We tell you honestly if a course of action has little prospect of success. Where it makes sense, we also use out-of-court options before taking the matter to court. We advise in German, English, Slovak and Polish.
- You have suffered harm after an operation or treatment, and you do not believe it was simply unavoidable.
- You suspect that your treatment did not meet the accepted standard.
- You were not informed, or not adequately informed, about the risks before a procedure.
- You want to know what you can realistically claim – damages for pain and suffering or other compensation.
- A deadline is about to expire, or the long-term consequences cannot yet be foreseen.
- The hospital or the liability insurer has rejected your claims.
Areas of medical liability
Treatment errors
When treatment was not lege artis (§ 1299 ABGB), how the burden of proof is allocated, and the role of prima facie evidence and gaps in the medical documentation.
View page → 02Failure to inform
Liability even without a treatment error: without valid consent, the procedure is unlawful. The treating doctor or hospital must prove that the patient was properly informed.
View page → 03Pain and suffering
Compensation for physical pain and mental suffering (§ 1325 ABGB) – there is no official table; the amount depends on the degree and duration of pain in each individual case.
View page → 04Amount of damages
Which items of loss you can claim (medical treatment costs, loss of earnings, care; §§ 1325 and 1326 ABGB) and how the amount is set in each individual case.
View page → 05Limitation periods
Three years from knowledge, with a long-stop period of 30 years (§ 1489 ABGB) – and how an action for a declaratory judgment under § 228 of the Code of Civil Procedure (ZPO) secures your claims for long-term consequences.
View page → ＋Not sure which applies to you?
Call us or write to us. We will assess your matter in an initial consultation and check your prospects of success and any time limits that are already running.
Consultation →Medical liability cases reported in the media
The press has reported on medical liability cases in which we represent patients and their relatives. A selection:
‘Viennese woman lay in hospital for 1 week with an aneurysm – dead!’
A 74-year-old Viennese woman died around a week after being admitted to hospital with a brain aneurysm that a CT scan had already detected. The family accuses the hospital of delaying the necessary investigations and treatment; the hospital says it treated her in line with accepted medical standards. We represent the widower, who is suing for €17,000 in compensation for grief.
Read the report on heute.at →‘Woman “cancer-free”, says doctor – 6 months later she was dead’
A 31-year-old Viennese woman with aggressive breast cancer was considered ‘cancer-free’ after an operation and died around six months later. Among other things, the family accuses the hospital of not adequately informing the young woman about the risks of taking part in a study; the hospital stresses that she had been fully informed and had signed to confirm this. We represent the deceased woman’s mother and are claiming €17,000 in compensation for grief.
Read the report on heute.at →‘GP brushes off critically ill patient – found liable!’
A 33-year-old Viennese man in severe pain went to see his GP several times – it took an emergency operation to treat his ruptured appendix. We represented the patient; the court awarded him €7,500 in compensation.
Read the report on krone.at →Thorough, honest, determined
We request the medical records, assess the case from a medical and legal perspective, evaluate the evidence candidly and put a realistic figure on your claims. Where it makes sense, we look for an out-of-court solution. Where necessary, we represent you before the Vienna Regional Civil Court – and tell you honestly what can be achieved.
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Tell us about your matter in confidence and without obligation – we will speak to you as an equal. We get back to you promptly, especially when a deadline is running.