Mudcat Café message #3779163 The Mudcat Café TM
Thread #159491   Message #3779163
Posted By: GUEST,Musket
16-Mar-16 - 06:26 AM
Thread Name: BS: A 'rights' issue?
Subject: RE: BS: A 'rights' issue?
And again... Can anyone who seems to think there is s problem tell us whether the doctor was doing occupational health work on behalf of the airline or personal healthcare for the pilot?

In the former, the investigation has the report as submitted by the airline to the inquiry. If the latter, the doctor has to ask his patient to consider the impact of the consultation concerns on his work and if the doctor knows he is a pilot, to require the patient to disclose that he has a medical concern that is covered by the terms of his pilot licence and employment therein. Only if a doctor has concerns that the patient will not act on the advice should a doctor preempt that. Out of interest, neither UK or German law requires details of employer on personal medical records, just type of employment to aid diagnosis as appropriate. Some do ask and many people supply details but you cannot preempt that to be the case.

So... Was this a GP? Psychiatrist? Other? The former can diagnose mild depression but would refer for suspected acute depression. You see, just saying "doctor" doesn't even begin to address responsibility or role.

Fed up of repeating here but a doctor is obliged to preempt disclosure in the public health and safety interest only if there are grounds for concern (we are all trained in trying to distinguish such grounds) that a patient would not do it themselves, a communicable disease has been suspected / diagnosed or a doctor suspects a criminal act, (gunshot wounds etc.)

The inquiry is required to work on the basis the requirements have been met or if they suspect otherwise, refer it to a competent authority. The inquiry isn't a medical one so cannot pass comment on clinical judgement. 20/20 hindsight tends to be the main focus, based on inquiries I have been involved with.

If the ludicrous position Akenaton is putting forward were the case, then the local chemist shop is culpable if a person takes pain killers "that may cause drowsiness, do not drive or operate machinery" and does so. If I buy a bottle of Night Nurse, should Boots take my car keys off me?