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User Name Thread Name Subject Posted
GUEST,Musket BS: A 'rights' issue? (82* d) RE: BS: A 'rights' issue? 15 Mar 16

Fucking priceless.... Anyone would think nobody had ever read a worm post before. Mind you, a typo at one end of a word is one thing but both ends? Possibly thinks everyone is on his intellectual level, coming out with that one.

Regarding the thread.. This afternoon, I was doing some teaching and a registrar we have on the course from Cuba did his house jobs in Germany so over coffee I asked about disclosure. It seems the law is, as I thought, mirroring ours in just about every aspect.

Doctors have an obligation to act in the public interest where public safety could be compromised and report to appropriate authorities where risks could in their judgement exist or where criminal actions are suspected, (presenting with gunshot wounds etc.) In areas such as occupational health, a doctor can, with the patient's consent give pertinent detail or if the patient doesn't consent, say that they are fit or unfit for the duties described but not give details. Under employment law there, same as here, an applicant should not be discriminated against for opting for a yes or no only.

So, if in this case a doctor is refusing to disclose, the doctor is either a) of the opinion disclosure has already been adequately dealt with or b) may be being defensive in which case the airline has the right to ask the medical regulator to investigate fitness to practice.

Or in other words, no laws need changing based on what is in the public domain about this case and safeguards are in place so not seem to be failing if what we read reflects the facts. A court may force disclosure if pertinent to proceedings in the opinion of defence or prosecution but the remit of airline and police investigators is limited to their role.

If Musket is reading, he might clarify some of the above as he was involved in health regulation for many years.

Two other things here..

1. The patient's rights are not an issue as you lose most of them when deceased.

2. The incident was not on German soil.

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