[Medical discretion versus duty to warn by physicians in prisons-- view of the prison governers].
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.
Lange-Lehngut
K
K
Justizvollzugsanstalt Tegel, Berlin.
D003219:Confidentiality / Q000331:legislation & jurisprudence*; D017007:Duty to Warn / Q000331:legislation & jurisprudence*; D004992:Ethics, Medical; D004995:Ethics, Professional; D005858:Germany; D006801:Humans; D010820:Physicians / Q000592:standards*; D011329:Prisoners / Q000331:legislation & jurisprudence*; D011330:Prisons / Q000331:legislation & jurisprudence*; D011785:Quality Assurance, Health Care; D012926:Social Control, Formal
Schweigerecht versus Auskunftspflicht des Anstaltsarztes--Sicht des Anstaltsleiters.