[The physician as witness and defendant from the viewpoint of the state attorney].
According to the code of criminal procedure, a physician who is accused in regard to his professional work, has like any other accused, apart from the right to refuse to testify, four options to testify, e.g. during interrogation by the judge, public prosecutor and police or by means of a written statement. This is the correct procedure to clarity the facts. A written statement is recommended when a physician testifies as a witness in regard to accusations against another physician. A physician is principally bound to professional discretion, even when he is being questioned as a witness in a legal trial; this is not the case, however, once he has been released from medical confidentiality. Highly problematic both from a legal and human point of view are those cases, in which a physician is bound to medical confidentiality, yet he is faced with the difficulty whether he may or even shall--based on his own decision and having considered all circumstances--inform third parties because of conflicting interests.
Günter
H H
HH
Staatsanwaltschaft Aachen.
D003219:Confidentiality / Q000331:legislation & jurisprudence; D016265:Conflict of Interest / Q000331:legislation & jurisprudence; D005104:Expert Testimony / Q000331:legislation & jurisprudence*; D005858:Germany; D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D010819:Physician's Role