Bauer G
Wien Med Wochenschr. 1986 May 15;136(9):193-201.
The regulations governing the professional training of doctors and the Nursing Law differentiate a variety of professions in the medical field. This shows that the division of labour in medicine is embodied in the law. To the undeniable advantages of rapid development and specialization in medicine are linked equally undeniable disadvantages; large hospitals find it increasingly difficult to coordinate and oversee the course of operations, an ever greater number of persons have to bear responsibilities. Not only the person who acts incorrectly, but also those connected in same way, especially those preceding in the line of action, can be called to account for unwise selection and inadequate supervision of co-workers. We have to distinguish between horizontal division of labour among persons of equal rank, and vertical division of labour and delegation within the framework of staff hierarchy. Although the principle of trust is embodied only in the Road Traffic Code, it can be widely applied to horizontal division of labour. In vertical division of labour and delegation, its reach is only qualified. Reported cases serve to exemplify the complex of problems, and the situation is discussed in the light of the legal provisions of the Medical Profession Act, the Hospital Law and the rules governing institutions. There is no unequivocal, by-operation-of-law distribution of powers or competence. The paper highlights the eminent importance of the duty of care as established in the body of law when it is a question of accepting a task with which one is entrusted and, conversely, when entrusting a co-worker with a task.