Ausweitung der Arzthaftung als Einfallstor für neue Formen der Arzthaftpflichtversicherung?

In a recent case, the Austrian Supreme Court remarkably extended medical liability of a gynaecologist for inadequate information about a possible mental handicap of an unborn child. On this occasion, the paper outlines the modified risk exposure of physicians and analyses a possible impact of case-law on the availability and affordability of liability insurance. It raises the question whether a liability crisis could be possible in Austria and briefly explains the underlying U.S. legal and regulatory framework that led to liability crises in the past. In the U.S., alternative risk transfer by means of Risk Retention Groups (RRGs) has been crucial in improving availability and affordability of liability insurance and to rein in liability crises. The Austrian legal and regulatory framework as it stands now would allow for self insurance solutions like Risk Retention Groups but the economic necessity for alternative solutions to traditional insurance schemes seems to be lacking.