Clinics in Gelsenkirchen obtain a lawsuit against hospital reform!

Clinics in Gelsenkirchen obtain a lawsuit against hospital reform!

administrative judges successfully supported the first complaints from clinics against the controversial hospital reform in North Rhine-Westphalia. This reform, which aims to advance the specialization of clinics, stipulates that certain hospitals should no longer be able to offer certain services from April 1, 2025. However, there have already been legal steps from various clinics that defend themselves against these restrictions.

The plaintiffs, whose clinics from Gelsenkirchen, Essen and the district of Recklinghausen come, were initially right in four urgent procedures. Among other things, a clinic in Gelsenkirchen and two other hospitals in the Recklinghausen district may continue to carry out interventions on the pancreas. This was considered important, since the Gelsenkirchen clinic also offers leukämen treatments that are not unnecessary.

Legal dispute over heart transplants

A special case concerns the Essen University Hospital, which has resisted the restrictions. According to the new hospital plan, the clinic should only be allowed to carry out a few heart transplants. This decision caused the judges in Gelsenkirchen to assess the project as contradictory to the actual objective of the reform.

A total of 28 urgent requests and 95 complaints against hospital planning were submitted by the NRW state government. Previous urgent requests from other hospitals were, however, rejected at the Düsseldorf Administrative Court, where the state government's decision was considered lawful. This judgment led to an increased pressure on the affected clinics, which defend themselves against the reform with great legal effort.

steps in the hospital reform

The NRW state government pursues the goal of ensuring better patient care through specialization in hospitals. While the reform aims to increase the quality of medical care, numerous clinic operators fear that they are severely restricted in their performance.

In the current situation, it is possible to appeal against the decisions of the Gelsenkirchen Administrative Court at the Higher Administrative Court in Münster. The legal dispute goes into another round, as a main proceedings will follow in which the arguments on both sides are checked more comprehensively. The judges have expressly criticized that the state government had incorrectly calculated the number of cases treated, which questions the basis for the reform again.

The topic remains highly topical, and the desired hospital reform is expected to have some legal and political debates. The Federal Ministry of Health offers further information on the reform and its background at its Website .