Stuttgart. The professional law for medical professions “does not restrict the freedom of expression of doctors and other members of the medical profession”, the Baden-Württemberg Ministry of Social Affairs and the Ministry of Science state in their report. Answer to a parliamentary question the AfD parliamentary group in the state parliament. The parliamentary group asked to what extent patients should tolerate being “confronted with political instructions that are ‘unprofessional’”.
She is referring to a family doctor from Königsbach-Stein (Enzkreis) who posted this statement on the homepage of his practice under the “Contact” tab: “Information for AfD supporters: You do not vote for the Nazis in protest!” to find out how the state government assesses this “public political unrest”.
Political expressions of opinions by members of the medical profession are subject to freedom of expression protected by the Basic Law, according to the two ministries’ response. This fundamental right exists “irrespective of health care situations.” Patients are free to “exchange political opinions with their health care providers or otherwise.”
No clues, no suggestions or even complaints
Neither the State Medical Association nor the KV Baden-Württemberg (KVBW) have published an “official position or guidance” on the opinion expressed by the family doctor, the state government reports. The KVBW notes that “there are no clues, indications and certainly no complaints about the family doctor in question that he refused to treat a person with statutory health insurance due to a party-political attitude,” it says. According to current knowledge, his political statement did not lead to a “culpable breach of the contractual obligation to provide medical treatment.”
Even beyond this individual case, the state government claims to be unaware of any cases in which doctors have refused to treat patients, citing avowed political beliefs, or have announced a refusal to treat them.
The Ministry of Social Affairs and the Ministry of Science emphasize the fundamental role of the doctor-patient relationship: employed doctors must not “give any reason to disturb this relationship of trust” through external political opinions. The state government makes it clear that the same applies to patients. (first)