Medical Authority Faces Lawsuit Over Enforced Abortion Restriction

In a recent development, a court in Hamm, Germany, dismissed a lawsuit filed by Joachim Volz, the chief physician of the Lippstadt Clinic, against the Catholic sponsor of the clinic. The lawsuit aimed to challenge the abortion ban imposed by the Catholic sponsor, which prohibits medically indicated abortions, including in cases of severe fetal malformations.

The ban extends to Volz's private practice in Bielefeld, approximately 50 kilometers away. Volz, who is a vocal critic of the ban, has expressed concern that the treatment of women could change if Catholic providers were involved in politically driven clinic mergers, potentially pushing them to the margins, stigmatized, and ultimately forcing them to travel abroad for abortions.

During a demo march held in support of Volz, around 2,000 people participated, carrying placards reading "Heaven Hell Hypocrisy! Church, let the women go free" or "Help and Self-determination instead of Punishment". Britta Haßelmann, the co-fraction leader of the Greens, was among the politicians present at the demo.

Volz, who started a petition titled "I am a doctor - my help is not a sin!" on July 1, has so far garnered over 232,000 signatures. He believes that the Catholic sponsor's ban ignores the medical judgment, the will of the patient, and the law, which allows such interventions in certain cases.

The court's ruling was based on the employer's right to make provisions within the scope of its right of directive. However, the court did not provide an explanation for its ruling in the initial sentence, stating only that the employer is entitled to both measures. Further details will be provided in writing.

In Germany, employers have the legal right to issue service instructions related to medical diagnostics and therapy, including medically indicated abortions, within the framework established by national laws and professional medical standards. However, these instructions must comply with overarching legal requirements and ethical standards, including patient rights, medical confidentiality, and professional self-regulation by healthcare providers.

Despite the court's decision, Volz has stated that appealing to the next judicial instance is "almost certain". The dispute revolves around the balance between organizational control and professional and legal medical standards, a balance that continues to be a topic of debate in the German healthcare system.

[1] EU Medical Device Regulation (MDR - Regulation (EU) 2017/745) [2] Joint Federal Committee (G-BA) [3] In Vitro Diagnostic Regulation (IVDR - Regulation (EU) 2017/746) [4] Labor law and occupational safety [5] Specific laws governing abortion (Schwangerschaftskonfliktgesetz)

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