A doctor is obliged to provide an expert opinion and doctor Process certificates with the necessary care. A doctor who retrospectively issued certificates to schoolgirl violated this duty of care.
The schoolgirl had already been treated by the doctor many times, mainly for headaches and sore throats, migraines, dizziness and abdominal complaints. After repeated unexcused absence of the pupil, the school initiated fine procedure after the teaching staff had contacted the parents in vain. The parents were asked to provide medical confirmation for five specified days on which the student had absent from class without excuse (allegedly for health reasons). The pupil showed this letter to the doctor, together with request for appropriate certificates to be issued. The doctor was persuaded to do this. He provided the certificates with his signature and the practice stamp; they did not contain an issue date. The school principal had the confirmation of illness sent to the doctor with request for an authenticity check, which the doctor also carried out. During the subsequent review of the certificates by the court, it became apparent that the medical certificates only excluded participation in physical education. There were no physical education classes at all on the days in question. If, as the doctor claims, the school certificate had actually been issued on the day of illness mentioned, it would not have been necessary because there was no physical education class. The court is therefore convinced that the doctor has violated the professional code. In its favor, it took into account that in the long time he worked as doctor, he had never been noticed in terms of professional law. He also felt sorry for the student because of the religiously over-strict father. On the other hand, it should be assessed that it is not minor incident. Schools depend on the correctness of medical information when students are on sick leave. The court therefore considers it appropriate to impose fine of EUR 1,000. (District professional court for doctors in Freiburg, judgment of December 15, 2010, Az .: BG 25/10) Attorney Barbara Berner