Comparison 5,000 euros instead of a new heart

Clinic and patient agree on a settlement in the dispute over the waiting list for a heart transplantation

23/12/2013

Lack of knowledge of German as a reason for refusing to include a patient on the waiting list for a heart transplant? Anyone who believes that only medical aspects play a role in the registration for a heart transplant, should at least in the current comparison, which was now closed between the Heart and Diabetes Center (HDZ) in Bad Oeynhausen and a 62-year-old refugee from Iraq be thoughtful for a moment.

The person concerned will be granted 5,000 euros, as he was originally not included on the waiting list for a heart transplantation with reference to the lack of knowledge of German. The HDZ had justified the refusal with the guideline of the Federal Medical Chamber, in which serious communication problems are designated as a possible reason for refusal.

The reasoning in the „Guideline of the German Medical Association for the Waiting List Management and Organ Mediation for Cardiac and Lung Transplantation“ relies on the fact that in the absence of language skills, the compliance or the involvement of patients in the pre- and post-treatment is not guaranteed. The patient, who had been living in Germany for 13 years, had defended himself against his rejection by legal process and had initially obtained legal aid from the Federal Constitutional Court, in order to tackle this partial success against what he considered to be discriminatory procedures when being placed on the waiting list. A claim for damages of 10,000 euros against the HDZ stood in the room. Now, the two parties have reached a settlement in Bielefeld district court, which provides for the payment of 5,000 euros. The patient is now on the waiting list for a heart transplantation at the University Hospital Münster. However, the court has not taken a decision on the directive of the German Medical Association in general, so that in the future continue to expect comparable cases. The lawyer of the HDZ, Wolfgang Gansweid, explained to the press that the comparison by no means equates to an admission of guilt, but only a year-long process with an uncertain outcome should be avoided.

Discrimination in the allocation of waiting list places
The directive of the German Medical Association for the allocation of waiting list places has been criticized many times in the past, because on the one hand „formally the directive authorization of the German Medical Association“ On the other hand, the incompatibility with the prohibition of discrimination of Article 3 (3) is criticized in the Basic Law, the Federal Constitutional Court explained in its judgment on the requested legal aid of the patient concerned. Eugen Brysch from the German Foundation for Patient Protection added to the news agency „dpa“, it goes „For rules that are so intransparent that you ask yourself as a donor: Can that be right?“ In the interpretation rule outright caprice, so the criticism of the patient advocates. However, this does not change anything with the comparison now concluded at Bielefeld district court. In fact, no decision has been taken on the legality of the directive.

Lack of fundamental decision on the guidelines of the German Medical Association
So far, a court decision on the „Guideline of the German Medical Association for the Waiting List Management and Organ Mediation for Cardiac and Lung Transplantation“ or the rejection of patients due to lack of language skills, also complained judge Wolfgang Drees to start the process. However, to obtain an appropriate judgment would probably take years. Time that most sufferers do not have - apart from the fact that some costs are likely to be associated with such a process. In the current case, plaintiff Hassan Rashow-Hussein had stated through his lawyer that he simply lacked the strength to work towards such a decision. It has him „badly beaten that we had to fight alone for three and a half years for legal aid“, explained the lawyer. After the HDZ had doubled the proposed settlement sum of the court from 2,500 euros to 5,000 euros, the 62-year-old therefore accepted the settlement. For all other patients with a lack of knowledge of German who hope for a transplant, the situation remains unclear. (Fp)