Commentary on the judgment on the free choice of doctor

The freedom to choose a doctor is under pressure. Recently, the Swiss parliament instructed the federal government to relax the obligation to contract in the KVG in the outpatient and inpatient sector (see, for example, the article on Medinside, available here). More or less at the same time, the Federal Supreme Court allowed a health insurance company to appoint a gatekeeper in the sense of a mandatory initial consultation center. In an article published today in the Jusletter on Weblaw, Iris Herzog-Zwitter and our partner Dr. Gregori Werder venture an initial classification, whereby the leading judgment raises many more questions on closer inspection. I am particularly pleased that the article is introduced by a foreword by the President of the FMH Swiss Medical Association, Dr. Yvonne Gilli. My prediction: this judgment could make big waves in the future!