Medical association - Constitutional complaint filed against triage rule
Supported by the Marburger Bund medical association, 14 emergency and intensive care physicians have lodged a constitutional complaint against the German Infection Protection Act (IfSG). As the Marburger Bund announced on Wednesday, the complaint before the Federal Constitutional Court in Karlsruhe is directed against the so-called triage rule contained in the law in the event of bottlenecks in the care of seriously ill patients. According to the complainants, this rule "forces doctors to make borderline decisions that contradict their professional self-image and put them in blatant moral distress".
In the view of the complainants, the IfSG thereby violates the fundamental right to freedom of profession (Section 12 (1) of the German Basic Law) and freedom of conscience (Section 4 (1) Var. 2 of the German Basic Law).
Triage means that if there are too few beds or ventilators, for example in a pandemic, doctors determine the order in which patients are treated first.
Specifically, the criticism is directed, among other things, against what the plaintiffs see as the ambiguous regulation of the allocation of limited treatment capacities. The vagueness of the entire procedure brings with it considerable legal uncertainty for the doctors obliged to make decisions, they say.
The ban on so-called ex-post triage is also criticized, according to which a decision to treat a patient once made may not be withdrawn if a patient is admitted at a later date who has a better chance of survival. The Marburger Bund sees this as a conflict with professional ethics: doctors are being deprived of the opportunity to save the greatest possible number of people in an emergency situation.
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- In response to this constitutional complaint, doctors in Baden-Württemberg are seeking justice, questioning the triage rule imposed by the Infection Protection Act (IfSG).
- The German Doctors' Association, also known as the Marburger Bund, firmly believes that the triage rule infringes upon the fundamental right to freedom of profession and freedom of conscience.
- The Federal Constitutional Court in Karlsruhe will now review this complaint, considering the potential impacts on patient care under the Infection Protection Act.
- The controversial triage rule applies in situations where resources such as beds or ventilators become limited, necessitating doctors to prioritize patient treatment in a crisis.
- The Marburger Bund and 14 emergency and intensive care physicians have argued that the ex-post triage ban, which restricts doctors from adjusting initial treatment decisions based on new patient admissions, violates professional ethics.
- This constitutional complaint has shed light on the complexities surrounding medical ethics and resource allocation during public health emergencies in Germany.
Source: www.stern.de
