Share:
Verdict dentist secretly filmed dental assistants in the locker room
If a dentist secretly secretes his dental assistants in the locker room for several years, he loses his admission to contract medical care. Because the contractual dental duties can be violated not only to patients, but also to the practice employees, ruled on Monday, November 20, 2017, the Thuringian State Social Court (LSG) in Erfurt (Ref .: L 11 KA 807/16).
Dentist secretly filmed his employees. Image: read design-fotolia The plaintive dentist had secretly filmed his practice staff in the locker room over a six-year period. When in 2012 the dental assistants discovered the hidden camera in the locker room, the criminal case came.
This was discontinued on May 2, 2014, after the employees received a compensation money from their employer.
However, the secretly made film also had professional consequences. The Appeals Committee of the Dental Association of Thuringia deprived the dentist admission to contract dental care. He was no longer able to treat cash-desk patients.
This decision is not objectionable, judged now the LSG Erfurt. Because the dentist had his contractual dental duties "grossly injured". These exist not only for the patients, but also for the practice employees. "The production of unauthorized image recordings in the dressing room, regardless of the motivation thus pursued, constitutes a significant interference with the intimate and private sphere of the employees and the fundamental right to informational self-determination," said the Erfurt judges.
The behavior is similarly difficult to assess as a sexual harassment in the workplace. The dentist also misused his position as an employer. In order to be able to practice the medical profession, special requirements would have to be made on the suitability of the character. The plaintiff had not done justice to the covert filming.
Because of fundamental importance, the LSG has approved the revision to the Federal Social Court (BSG) in Kassel. fle / mwo