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Germany's Top Court to Rule on Triage Law's Ban on Ex Post Triage

The ruling could reshape triage practices in Germany. It will decide if the 2022 law's ban on discontinuing treatment for low-survival patients stands, potentially saving more lives or protecting the elderly and disabled.

,   and  ASMedia
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Karlsruhe publishes decision on Triage - Germany's Top Court to Rule on Triage Law's Ban on Ex Post Triage

Germany's Federal Constitutional Court is set to publish a ruling on triage today, following a complaint by the Marburger Bund and 14 intensive care physicians against a 2022 law passed by the Bundestag. The case centres around the law's ban on ex post triage, the practice of discontinuing treatment for patients with a low chance of survival to free up resources for those with a better prognosis in other countries.

The 2022 law aims to prevent discrimination against the elderly and people with disabilities in life-or-death medical decisions. It stipulates that allocation decisions should be based solely on a patient's immediate chance of survival, not on long-term life expectancy or degree of frailty. However, the Marburger Bund argues that this restriction on ex post triage conflicts with medical ethics. They contend that it deprives doctors of the ability to save the greatest number of lives in a crisis, going against the principle of doing the most good for the most people.

In 2023, the Marburger Bund called on the Bundestag to reconsider its triage regulations. Triage, a process of prioritizing medical treatment when resources are severely limited, is typically used in mass-casualty events or when resources are overwhelmed. The upcoming ruling by the Federal Constitutional Court in Karlsruhe is expected to provide clarity on this contentious issue.

The ruling by Germany's top court will have significant implications for medical ethics and the treatment of vulnerable populations in crisis situations. It will determine whether the 2022 law's ban on ex post triage stands, potentially reshaping how triage is practiced in the supreme court of Germany.

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