When can German doctors refuse to treat people if they are unvaccinated?
Every shopkeeper, hairdresser or landlord can ask for proof of vaccination or recovery and exercise his or her house rules. They can even refuse a service and deny the unvaccinated entry. But what about doctors? Can they refuse to treat you? Are you allowed to send away unvaccinated people in Germany?
- Can doctors in Germany send patients away or refuse to treat them?
- Is not vaccinating a valid reason?
- What else could be valid reasons?
- If the doctor does not have a statutory health insurance license?
- Does he still have to write prescriptions?
- Can a hospital refuse an unvaccinated person?
- Visit the doctor only with 3G? is it legal?
Can doctors in Germany send patients away or refuse to treat them?
Current German Law: Except in an emergency, there is no treatment obligation under the law. As in other areas, a contract is only concluded, in this case a treatment contract, when the patient and doctor agree to such a contract.
▶ ︎ By the way, this also applies to telephone or video chat consultations.
Exception: In the case of statutory health insurance physicians, however, the contractual relationship between the doctor and the health insurance company generally results in an obligation to treat. The contract doctor may only refuse treatment in justified cases. A classic example of this is the overload of the doctor due to an already increased number of patients.
Is there a fundamental obligation to provide medical treatment in Germany?
According to medical law, there is no fundamental obligation to provide medical treatment. This means that a doctor is in principle not obliged to carry out a treatment. Treatment can only be carried out if both parties – doctor and patient – agree to a treatment contract. If there is an emergency situation, medical treatment is of course required and the patient must not be refused.
Is not vaccinating a valid reason?
The Association of Statutory Health Insurance Physicians refers very clearly to the duties of statutory health insurance physicians. Thus, a patient who is not vaccinated is not considered to be a valid case of rejection. Statutory health insurance physicians should therefore be very careful with a blanket rejection.
When can doctors refuse treatment?
According to Paragraph 76 of SGB V (Fifth Book of the Social Code), a patient has a free choice of which doctor he would like to be treated by. This freedom of choice does not only apply to patients. In the following cases, doctors may also make use of the freedom of choice or refuse patients.
What else could be valid reasons?
If there is no emergency, a statutory health insurance doctor can reject a patient:
- no health insurance card
- the doctor lacks the necessary specialist knowledge
- the relationship of trust between doctor and patient has been shaken
- the patient disregards the doctor’s orders
- the doctor was insulted or threatened by the patient
If the doctor does not have a statutory health insurance license?
If private doctors refuse to treat someone in even in the event of an emergency, there is a risk of criminal charges for failure to provide assistance and a complaint to the medical association.”
Otherwise, the private doctors are completely free to decide with whom they would like to conclude a treatment contract. You do not have to justify this decision. As with other self-employed persons, there is also freedom of contract.
Does he still have to write prescriptions?
Statutory health insurance physicians will hardly be able to reject an unvaccinated patient. Of course, you will therefore also have to write a prescription if necessary. It looks different here again with the private doctors.
Can a hospital refuse an unvaccinated person?
The situation is similar for hospitals. Pure private clinics are free to decide with whom they want to conclude a contract.
Visit the doctor only with 3G? is it legal?
The National Association of Statutory Health Insurance Physicians has a clear opinion on this. “Doctors cannot make treatment dependent on compliance with the 3G rule,”. However a lot oa clinics want a 3G rule in their rooms. There is “currently no” chance of treatment without 3G.
Despite legal and ethical concerns, there is a legally sound back door. According to the National Association of Statutory Health Insurance Physicians, practices have the right to treat unvaccinated and untested people only during certain consultation hours. Refusing treatment, however, is illegal.
- NOW virologists in Germany are advocating for 1G instead of 2G?!? round and round we go again, 1G, 2G, 3G