[Risk and procedure education in anesthesiology. Overview of Austrian and German legal regulations]. / Risko- und Verlaufsaufklärung in der Anäthesiologie. Ubersicht über die Osterreichische und Deutsche Judikatur.

Informed consent is currently an ethical, medical and legal requirement. An increase in public discussion of real or supposed malpractice has led to critical attitude in patients and increased demands on informed consent by the courts. Unfortunately, the legal requirements of informed consent have developed from atypical situations involving dissatisfied and injured patients rather than from the more usual occurrences of physicians helping patients with subsequent patient satisfaction. In addition, laws have not set forth clear guidelines for physicians to follow. We review the elements of informed consent based on current Austrian and German jurisdiction in the particular field of anesthesiology and summarize the legal and medical realities in order to point out specific criteria for decision making.