Medical law
Even in a country like Austria, which has a basically well-functioning healthcare system and excellently trained doctors, it can happen that treatment errors occur, which often have serious consequences.
The lawyers at Wijnkamp Rechtsanwaltskanzlei - Law Firm can help you professionally and in a solution-orientated manner if you as a patient have been treated incorrectly in hospital or by registered doctors in Austria.
In addition to treatment errors in the narrower sense, breaches of the duty to provide information also occur time and again in practice. Treatment is only ‘according to the rules of the art’ (from the Latin: ‘lege artis’) if the patient has been informed of all risks and the course of treatment before the procedure and has given their consent to the treatment. Furthermore, the doctor's liability may result from inadequate documentation of the course of treatment and information.
We will be happy to help you with your case and provide you with a reliable assessment of possible claims, such as claims for pain and suffering, the recovery of medical fees, etc. In order to correctly assess your chances of litigation and minimise the litigation (cost) risk, it is often necessary to obtain private medical reports in this area. We at Wijnkamp Rechtsanwaltskanzlei - Law Firm are also well networked in this area and regularly work together with medical experts who are also registered in the list of experts of the Austrian courts.
As lawyers specialising in medical law and patient law, we know the side of both the treating doctor and the patient. We represent you in court and out-of-court negotiations with many years of experience and professional expertise, help patients to assert their rights and enforce their claims for damages and warranty claims.
We also represent the interests of doctors and hospital operators who find themselves exposed to liability claims in their defence against claims.
In particular, we support you in the enforcement of warranty claims and claims for damages due to medical malpractice, treatment errors and breach of the medical duty of disclosure, in lawsuits and litigation in medical malpractice cases, in advising and representing doctors in connection with the defence of civil law claims and in criminal proceedings against doctors.
Good trial preparation is also essential for successful litigation in medical law. It is therefore of paramount importance that all medical documents are critically reviewed and discussed with the client in person (at the law firm or via video conference).
We endeavour to find economical and quick solutions for the benefit of our clients. If your claims are nevertheless rejected out of court, we will bring the action before the competent court in Austria on your behalf and support you in all possible stages of the proceedings. Of course, we will also continue to assist you after the conclusion of the proceedings in the event that executive steps are necessary to enforce the claim.
Doctors who are confronted with unjustified claims from (former) patients can also rely on our relevant experience. We are fully committed to representing medical practitioners in cases of malpractice or breach of the duty of disclosure.
In particular because we know the different perspectives of medical malpractice proceedings from practical experience, as a law firm for medical law we can assist you with our comprehensive expertise.