延長生命是一種損害 ?【寰宇醫事裁判】 試閱
Bundesverfassungsgericht, Beschluss von 7.4.2022–1 BvR 1187/19
本件憲法訴願涉及一則關於慢性癡呆病患的醫療糾紛，其子試圖結束其父未能見效的治療。原告主張醫院並未徵得其父的同意，以維生機器維持其生命，造成其尊嚴、生命、身體等基本權利受損，基於繼承權而向醫院請求損害賠償。根據得國聯邦憲法法院，國家雖負有保護人民生命之義務，但以人民意志之自我決定為限；一旦病患自我決定死亡，則超越該意志之醫療便有法律責任。然而，尊嚴、生命與身體等權利屬於高度人身權利，無法繼承而得，本案訴願因此並無理由。
The issued constitutional complaint involved a medical dispute over a chronically demented patient whose son was attempting to end his father’s ineffective treatment. The plaintiff claimed the hospital had not obtained his father’s consent to use life-supporting equipment to keep him alive, resulting in an injury to his fundamental rights to dignity, life and body integrity, and sought damages from the hospital based on the right of inheritance. According to the German Federal Constitutional the state’s duty to protect the life of the people is limited to the autonomy of the people, and once a patient has self-determined his or her own death, medical treatment beyond that will would be liable. However, the rights to dignity, life and the body integrity are highly personal rights that cannot be inherited, and therefore the present claim is not justified.
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