Federal Court Authority cannot confirm rejection of medical code of conduct

The authorities cannot issue a man suffering from cancer with a confirmation that the doctors treating him in the future are released from the ethical code of conduct. He must arrange this individually. This was decided by the Federal Supreme Court.

Specifically, the man turned to the health authority of the canton of Bern. He requested confirmation that he had opted out of all the guidelines of the Swiss Academy of Medical Sciences (SAMS) 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.

According to a Federal Supreme 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.

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

SDA