Federal Constitutional Court decides on triage regulation: A look at the lawsuit!

Federal Constitutional Court decides on triage regulation: A look at the lawsuit!

An explosive case is on the agenda at today's meeting of the Federal Constitutional Court: the triage rule, which regulates the treatment of seriously ill patients in times of scarce resources in intensive care medicine. The court will decide on a lawsuit filed by several emergency and intensive care physicians, supported by the Marburger Bund. Deutschlandfunk informs that the plaintiffs find the requirements to be contradictory and see their fundamental rights to professional freedom and freedom of conscience violated.

The controversial regulations were set at the end of 2022. When distributing intensive care resources, the short-term probability of survival should be decisive. Factors such as age, gender or disabilities must not play a role. However, as complained by the plaintiffs, this could lead to ethical dilemmas in medical practice.

Legal background and legal requirements

The current dispute has its roots in a decision of the Federal Constitutional Court of December 16, 2021. In this decision it was pointed out that with the regulation the legislature violated the prohibition of discrimination in accordance with Article 3 Paragraph 3 Sentence 2 of the Basic Law. The state has a duty to protect people with disabilities from disadvantage. The Federal Constitutional Court has made it clear that there are no legally binding standards for triage and that the recommendations of medical societies are not sufficient.

The lawsuit is particularly explosive because it is directed against the lack of legal regulations on triage and protection against discrimination. Critics argue that a lack of awareness and training in dealing with people with disabilities increases the risk of discrimination. This problem is particularly acute during the pandemic, as people with disabilities were exposed to a higher risk of infection and experienced more severe illnesses.

The impact on medical practice

The Federal Constitutional Court's decision could have far-reaching consequences for intensive care medicine in Germany. The regulations that guide doctors in triage have been deemed inadequate; There is a lack of clear guidelines that ensure that people with disabilities are not disadvantaged. This is considered an urgent problem that needs to be urgently addressed in medical practice.

Ultimately, today's trial is not only a legal dispute, but also an ethical question. How do we deal with it when it's a matter of life and death? The ruling could be crucial for the future design of medical care in crisis situations and for protecting the rights of all patients, regardless of their health status.

For the doctors affected and the numerous people who rely on fair medical treatment, there remains hope that the court will make a fair decision. It remains to be seen how the Federal Constitutional Court will rule and what consequences this will have for the triage regulations in Germany.