Swiss authorities cannot confirm individual rejection of medical code of conduct

Authority cannot confirm rejection of medical code of conduct Keystone-SDA

The authorities cannot issue a written confirmation to a man with cancer that the doctors treating him in the future are released from the ethical code of conduct. The Federal Court ruled this release must be arranged individually.

The man turned to the Bern cantonal health authority. He requested confirmation that he had opted out of all guidelines of the Swiss Academy of Medical Sciences with ethical requirements in relation to the doctors treating him and that these were not to be applied to his treatment. He also requested that the doctors in question not be sanctioned.

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According to a Federal Court ruling published on Monday, this is not possible. All patients are free to refuse medical interventions. A living will can be used to regulate treatment in the event of incapacity.

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A waiver of disciplinary proceedings cannot generally be decreed, as this would be tantamount to enacting a legal norm.

Translated from German by DeepL/amva                                

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