Questão jurídica principal
Whether the insurer had to reimburse the cost of proton therapy performed abroad for laryngeal cancer.
Decisão extraída
No reimbursement was owed because the therapy was not a recognised compulsory benefit for this indication and no medical reason justified treatment abroad.
Fundamentação extraída
Swiss law allows foreign treatment coverage only in exceptional cases of a serious treatment gap or clearly higher risks in Switzerland. Proton therapy was available in Switzerland only for selected tumour types; laryngeal cancer was not among them. Conventional photon therapy was an adequate, medically acceptable treatment in Switzerland.