80-year-old doctor can practice again

New figures show: Surprisingly, many doctors still look after patients at the age of 90. But in politics there are voices that think about an age limite.

On August 30, 2024, the general and sports doctor from the canton of Neuchâtel actually had reason to celebrate: a round birthday was coming up. But the health department spoils his mood. For the 80th birthday, the man withdrawn the professional permit. It was based on the cantonal law. It says that doctors have to take the white coat at the age of 80.

The officially forced doctor is a well -known figure. He worked as a team doctor of Neuchâtel Xamax for 22 years. He took care of stars like Heinz Hermann, Uli Stielike or Alain Geiger, who led the club to two championship titles in the 1980s. He performed as an expert on television. He achieved his diploma in 1970. At that time, Switzerland only counted 6.2 million inhabitants, the women were not yet allowed to vote.

54 years and numerous further training courses later, the doctor still worked in a 60 percent workload. In a television interview, he said: « If I didn’t feel a passion for my job, I would have stopped for a long time. » He looked after 2,000 patients a year. A specialist in internal medicine attested the best health. Nothing speaks against it that he continues to practice. Numerous patients informed the Neuchâtel authorities how satisfied they were with their services. The health department does not contest its professional skills either, but it could not be softened and insisted on the law.

The man defended himself legally. But on September 24th of last year, the Neuenburg cantonal court dismantled the appeal and referred to the cantonal health law: From the age of 70, the approval must be renewed every three years, at 80 years of age. The cantonal court saw freedom in the federal law for a fixed age of age. It says that cantons may issue certain restrictions on medical professions in “own technical responsibility”.

The highest court whistles back in Neuchâtel

The cantonal court criticized the doctor. He had known since April 2023 that an approval would not be extended after the 80th birthday. Nevertheless, he did not take care of a successor solution. He applied for the extension only two months before his approval has expired and thus provided the authorities with accomplished facts.

The turn came on April 14 of this year. The Federal court was called a recourse of the doctor well. It came to the conclusion that the canton of Neuchâtel violates the higher -level federal law. Because nowhere is there talk of an explicit age limit. And one cannot derive one from certain legal passages, according to the Federal Supreme Court. With the highest judicial blessing, the doctor can practice again.

Neuchâtel is the only canton to know a fixed age limite. However, this does not mean that the older doctors in this country are not under observation. Most cantons aged 70 and over a temporary permit that must be regularly renewed. In this way, make sure that the doctors meet the requirements for their profession in AHV age. And the registry rules determine it accordingly: If a doctor realizes that he is no longer up to date, he forwards his patients to a colleague.

In public hospitals, doctors are usually retired between 65 and 67 years. If you switch to a private practice, you are no longer subordinate to the age limite. The industry also regulates itself. For example, the Swiss Society for Surgery has a program for evaluating the surgical skills of older surgeons, as the NZZ recently reported. Every tenth surgeon is older than 65 years.

Even 90-year-olds are still working

When did the time come to hang the stethoscope? The Federal Council has already dealt with this question. He thought a fixed age limit is not very useful, he recorded 10 years ago in the response to a initiative of the former St.Gallen GLP National Councilor Margrit Kessler. The health development of a doctor runs individually. The topic came up with the political agenda after the « treasury » had reported failed operations by a 78-year-old cosmetic surgeon. According to the media reports, the canton of Zurich imposed a temporary ban on operating, later the doctor voluntarily refrained from doing so.

Do the elderly still work regularly in a practice? The statistics do not provide any answers. FMH President Yvonne Gilli observed: The older the doctors become, the smaller her patient base. The 90-year-olds would often keep their approval in order to be able to maintain family members and acquaintances.

In principle, Gilli welcomes the Federal Court judgment. The former National Councilor (Greens, SG) considers rigid age limits to be little sensible. « It is crucial that the doctors in retirement age complete the necessary further training and continue to meet the quality requirements for their profession, » she says.

And she points to another point. The baby boomer generation will soon be retired. « We head for a blatant shortage of doctors, » warns Gilli. This is also why society is dependent on healthy older doctors.

For federal judges, the end of 70 is over

Politically, the topic of age is not ticked off. The Neuchâtel SP Councilor Baptiste Hurni checks a promotion that would allow the cantons corresponding regulations. He pointed out towards the western Switzerland of Radio and Television RTSthat notaries in the canton of Neuenburg have to acknowledge their service at the age of 70. Federal judges are also no longer allowed to judge judgments due to law. It is strange, according to Hurni, that there is no restriction for doctors.

Basically, there are no age limits for professional activities in Switzerland. However, individual companies issue regulations. For example, Chauffeurs from Postauto AG from 70 are no longer allowed to sit at the wheel. The same age limit for locomotive drivers applies to SBB. Swiss pilots can only sit in the cockpit at the age of 61; Some then continue to work in a floor function.

How did the canton of Neuenburg justify the age limite for doctors? Health director Frédéric Mairy (SP) emphasized the risk of a sudden health -related failure to RTS. In an input to the cantonal court, the health department mentioned the case of a doctor, and suddenly seriously fell ill before his 80th birthday. Its customers had no longer had access to their patient dossiers and was in an extremely delicate situation. Such a situation could be a danger to health.

The doctor’s lawyer, who fought for his admission until before the Federal Supreme Court, said not only he, but also his patients, were very relieved by the decision from Lausanne. The doctor has a good reputation, is competent and is very appreciated. And Claude-André Moser, a medical doctor from La Chaux-de-Fonds, who has been retired for some time, was pleased about the news from Lausanne. « My patients no longer dare to ask when I stop. » In any case, the canton of Neuenburg will no longer end the career on the 80th birthday. He has to adapt his law.