Patient advocacy groups are urging the current governing coalition to significantly expand patient rights and support systems in cases of medical errors.
Speaking on the occasion of this year’s World Patient Safety Day, Eugen Brysch, board member of the Patient Protection Foundation, voiced concerns that patient rights are being overlooked amidst a period of significant policy changes. He emphasized the need for Federal Minister of Health Nina Warken to prioritize patient rights on the political agenda.
Specifically, Brysch advocates for the establishment of a hardship fund and eased evidentiary burdens for patients. He criticized the lack of progress on a hardship fund for medical errors despite calls for its implementation over two decades. He argued that the current system, where health insurance companies and medical associations conduct fee-free assessment of suspected errors, often fails to prevent lengthy legal battles for those affected. A hardship fund, he proposed, would step in when a medical error is confirmed by such assessments but the responsible healthcare providers are unwilling to cover the costs. Funds received would be retained by the patient in the event of a court loss; however, they would need to be repaid if a court subsequently confirms the error and awards compensation. He stressed the need for legislative regulation to facilitate this process.
Moreover, Brysch called for a simplification of the evidentiary process for patients. He argued that a general reversal of the burden of proof in favor of those affected is overdue, noting that such a reversal already applies in cases of severe medical errors. He argued that patients are currently required to prove fault, despite the relevant documentation being held by hospitals and medical professionals. This situation, he maintained, leads to protracted and emotionally taxing procedures for those impacted.