A deepening rift is emerging within Germany’s governing coalition and drawing sharp criticism from consumer protection advocates over proposed changes to patient access to medical records. The Social Democratic-led (SPD) coalition government, in partnership with the Free Democratic Party (FDP), is facing accusations of undermining fundamental patient rights through a planned amendment to contractual law governing medical treatment.
The proposed changes, slated for parliamentary debate following a public expert hearing on Monday, involve altering the language surrounding patient access to medical records. Currently, German civil law stipulates that patients are entitled to immediate (“unverzüglich”) access to their complete medical files. The coalition intends to eliminate this term, potentially extending the timeframe for response to a period of up to three months. Justification provided by the coalition cites the potential complexity and volume of requests as reasons for the delay.
Janosch Dahmen, health policy spokesperson for the Green Party, condemned the move as a “concrete scandal” accusing the government of creating a “serious deterioration” of patient rights. Thomas Moormann, health expert at the Federal Association of Consumer Organizations (VZBV), echoed this sentiment, asserting the alteration would neither promote transparency nor improve healthcare, but rather “the contrary.
The Green Party is mounting a direct challenge, preparing a motion for the Bundestag aiming to reverse the coalition’s planned revision. Their argument centers on the crucial role of access to treatment records as a cornerstone of patient autonomy and information rights. Eliminating the requirement for immediate access, without establishing clear and readily traceable rules, is perceived as a weakening of this fundamental right.
Critics highlight the practical consequences of protracted delays. Days of waiting, they argue, can lead to lost information, legal disadvantages and increased psychological distress for patients. For those seeking second opinions or investigating potential medical errors, particularly during ongoing treatment, such delays could have severe repercussions. The Green Party’s alternative proposal suggests guaranteeing access “immediately (.), but no later than after three working days”. The controversy underscores growing tensions within the German political landscape concerning the balance between bureaucratic efficiency and the protection of individual patient rights.
