REFUSAL BY DOCTORS TO TAKE BLOOD SAMPLES

VERWEIGERUNG VON BLUTENTNAHMEN DURCH AERZTE

GENERAL PRACTITIONERS, EMERGENCY DOCTORS AND HOSPITAL DOCTORS ARE BASICALLY NOT OBLIGED TO AGREE TO THE REQUEST OF THE POLICE TO TAKE A BLOOD SAMPLE FROM A DRIVER SUSPECTED OF BEING OVER THE LIMIT. HOWEVER, HOSPITAL DOCTORS MAY HAVE SUCH AN OBLIGATION, REGULATED BY INTERNAL AND CONTRACTUAL AGREEMENTS WITH THEIR EMPLOYER; THESE, HOWEVER, DO NOT AFFECT THEIR RELATIONSHIP WITH THE POLICE. DOCTORS UNDER CONTRACT TO THE POLICE MAY JEOPARDISE THEIR CONTRACT BY REFUSING, BUT STILL CANNOT BE FORCED TO TAKE A BLOOD SAMPLE. OFFICIAL DOCTORS, POLICE DOCTORS, COURT DOCTORS AND MEDICAL LAW INSTITUTES CAN BE MADE TO BE INVOLVED - WITHIN THE FRAMEWORK OF THEIR POSSIBILITIES - BUT IN PRACTICE, DIFFICULTIES ARE OFTEN ENCOUNTERED (FOR INSTANCE, THEY CANNOT BE CONTACTED). THE REASONS FOR WHICH DOCTORS REFUSE TO TAKE SAMPLES ARE EXPLAINED. IT IS SUGGESTED TO THE DOCTORS WHO SO REFUSE, THAT THEIR BEHAVIOUR COULD POSSIBLY RESULT IN DISADVANTAGES TO THE VICTIMS OF ACCIDENTS, BECAUSE THE REASONS FOR THE ACCIDENT CANNOT BE ESTABLISHED; BUT THAT HOWEVER IN MANY CASES THE RESULT OF THE TEST IS IN THE FAVOUR OF THE PERSON INVOLVED.

Language

  • German

Media Info

  • Pagination: 193-204
  • Serial:
    • Blutalkohol
    • Volume: 14
    • Issue Number: 4
    • Publisher: Bund gegen Alkohol im Strassenverkehr eV
    • ISSN: 0006-5250

Subject/Index Terms

Filing Info

  • Accession Number: 01300428
  • Record Type: Publication
  • Source Agency: Bundesanstalt für Straßenwesen (BASt)
  • Files: ITRD
  • Created Date: Nov 21 2010 7:50AM