When doctors abuse the patient trust

Ombudsman helps when doctors abuse the trust of their patients

21/05/2013

Again and again, cases of abuse by doctors headlines - such as a gynecologist from the Palatinate, who has photographed and filmed hundreds of patients during the investigation or an anesthesiologist from Bavaria, because of the abuse of nine girls at the age of ten to twelve years three and a half years in prison. To provide support for those affected, the State Medical Association Hesse now has one „Ombudsman for cases of abuse in medical treatment“ established in the first few weeks since its inception.

Attacks in medical practices or clinics are often concealed
Border injuries and abuse occur even where patients should actually feel safe: the doctor. But even though cases like those in the Palatinate or Bavaria fortunately are relatively rare, attacks in clinics or clinics already begin much earlier, because „It's not just about sexual abuse, it's about taking advantage of the patient's dependency and abuse of power“, so the state medical association Hessen.

Since March first Ombudsman for cases of abuse in medical treatment in Hesse
Since such attacks occur again and again, but are often concealed, the Landesärztekammer Hessen has in March of this year now as the first medical association in Germany a so-called „Ombudsman“ For cases of abuse in medical treatment set up, to which affected now direct, unbureaucratic and above all trustful can turn - this is according to the medical association particularly important, because „many patients have great difficulty dealing with experiences of abuse in a treatment.“ For example, some victims would expect to have to file criminal charges immediately, including all the associated police and legal consequences - but „They usually do not want to or can not decide to take such a step, whether out of shame or guilt, out of fear of embarrassment during such a procedure, or to protect their doctor from emotional attachment and dependence“, continues the medical association.

So far about 25 cases for the Ombudsman
Within the framework of the ombudsman's office, a neutral discussion partner is now available to those affected, with which the events can be discussed and possible subsequent steps clarified - as Ombudsman, the Presidium of the State Medical Chamber Dr. Ing. med. Meinhard Korte, specialist in psychosomatic medicine and psychotherapy and general practitioner. Since the creation of the counseling center in mid-March, the offer had been taken about 25 times, it was "a clear abuse of the doctor-patient relationship [.] Only in a few cases," said Meinhard Korte to the news agency dpa

In most cases, patients would instead complain about a lack of empathy or interpersonal poor treatment, according to the doctor - but would also be told of actual abuse cases from the past. For example, a mother had sought help because she was unsure whether the doctor's behavior still affected her disabled daughter „correctly“ be.

Counseling center has great need for discussion
According to Ombudsman Korte could enter after the first two months „great need for discussion“ Although no criminally relevant cases would have been included, this would not call into question the need for the advice center. Instead, his central task is to clarify with the affected parties together whether it is a case of abuse or breach of the border or not. To clarify this question, the motive of the doctor is decisive: „Abuse is when the doctor-patient relationship is exploited to satisfy a personal need“, said the Ombudsman. Accordingly, the question must be asked: „Does the physician's treatment serve or contradict this treatment? "

In rare cases, doctors are the victims
In very rare cases, according to Korte, it would also be the reverse case - because patients could also exploit the relationship with their doctor. Accordingly, physicians could also turn to the Ombudsman, „to work on issues and problems with borderline protection and abuse in treatment and to seek advice“, so the medical association. For example, according to Korte, there was the case of a psychotherapist seeking advice because a patient accused him of abuse - after refusing her desire for an intimate relationship. The lady had reported to the doctor, but this could convince the court of his innocence.

Criticism: Facility should be completely independent
Wolfram-Arnim Candidus, the president of the German Society for Insured and Patients, also sees the new counseling center as a useful institution - but in order to be able to actually help those affected, such facilities would have to be completely independent, ie instead of a doctor directed and financed by taxes, rather settled with a non-medical body, so Candidus. In his view, there is a small risk that this may be a "showcase event" of the State Medical Association, which could even serve to prevent those affected from seeking police or legal assistance.

Idea: A general ombudsperson for all problems in medical care
This was according to Dr. Korte is by no means intended, but nevertheless a frequent reaction to the advice, because "when advice seekers have the experience that they and their concerns are taken seriously, also alternatives to the legal processing can move into the field of vision“, said the Ombudsman to the dpa. This would include, for example, the contact with the appropriate doctor, Korte could produce this at the request of the patient. Nevertheless, for Candidus, an Ombudsman "for all problems in medical care" would be a more sensible solution than single solutions such as abuse or treatment errors, because then patients could also file complaints or advice in all other areas, for example, if in the case of acute complaints no doctor's appointment to get. (No)