Medical discretion versus duty to warn by physicians in prisons-- view of the prison governers
Lange-Lehngut, K.
Zeitschrift für Arztliche Fortbildung und Qualitatssicherung 94(4) 282-286; Discussion: 286-287
2000
ISSN/ISBN: 1431-7621 PMID: 10863756 Document Number: 518254
We appreciate that the limits of medical discretion in penal execution have been clarified by the legislature with the law issued at August 26, 1999. From the point of view of a head of an institution, this law makes it possible to achieve acceptable results in any relevant case-combinations. The "circumspect head of an institution" should, as far as his general responsibilities allow, make use of his right to be informed in a very restricted way. This right is given by the particular conditions in penal execution. The implementation of this law within the institution requires the following: To inform the prisoners on the existing obligations and rights of information. To inform physicians working within institutions on a general level about existing duties without making provisions for particular cases. To name the recipients of information from the medical sector.