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BGH Hears Health Care Discrimination Case, Ruling Set for May 21

The decision could settle whether Germany’s anti-discrimination law protects patients in treatment contracts across the health system.

Overview

  • Germany’s Federal Court of Justice took up the case in Karlsruhe and scheduled its ruling for May 21.
  • The plaintiff, a blind woman sent to a rehab clinic after knee surgery, says a doctor told her she would not be admitted because she is blind and describes a four-hour wait without food or drink after being turned away.
  • The clinic counters that orthopedic rehab was not feasible in her situation and says it does treat blind patients, while she seeks about €4,000 in damages and compensation.
  • Lower courts in Fritzlar and Kassel dismissed her claim after finding the anti-discrimination law did not apply to rehabilitation treatment contracts.
  • Advocates report frequent bias in care, with about 400 people seeking legal advice in 2025, and the private clinics association says it supports legal clarity on whether the law applies to medical and rehab agreements.