Informed consent is currently an ethical, medical and legal requirement. In
creasing public discussion concerning real or supposed malpractice has caus
ed patients to adopt a critical attitude and has caused courts to increasin
gly demand informed consent for patients. Unfortunately, the legal requirem
ents for informed consent have developed from atypical situations involving
dissatisfied and injured patients rather than from the more common occurre
nce of physicians helping patients and having satisfied patients. in additi
on, the law has failed to establish explicit guidelines for physicians.
We review the elements of informed consent based on current Austrian and Ge
rman jurisdiction in the particular field of oncology and summarise the leg
al and medical realities with the aim of delineating specific criteria for
decision making.