LSG Erfurt confirms withdrawal of contractual dentist approval
If a dentist secretly films his dental assistant in the locker room for several years, he is no longer admitted to the medical contract. Because the contractual dental obligations can be violated not only towards patients, but also towards the practice employees, judged on Monday, November 20, 2017, the Thuringian State Social Court (LSG) in Erfurt (Az .: L 11 KA 807/16).
The complaining dentist had secretly filmed his practice employees in the locker room for a period of six years. When the dental assistants discovered the hidden camera in the locker room in 2012, criminal proceedings arose.
This was discontinued on May 2, 2014 after the employees received compensation for pain and suffering from their employer.
However, the secretly made film recordings also had professional consequences. The Appeals Committee of the Association of Statutory Health Insurance Dentists in Thuringia withdrew the dentist from admission to contract dental care. With this, he could no longer treat health insurance patients.
This decision is unobjectionable, the LSG Erfurt now judged. Because the dentist "grossly violated" his contractual dental obligations. These exist not only towards the patients, but also towards the practice employees. "The taking of unauthorized pictures in the dressing room, regardless of the motivation it pursues, represents a significant interference in the intimate and private sphere of the employees and in the fundamental right to informational self-determination," said the Erfurt judges.
The behavior is as difficult to evaluate as sexual harassment at work. 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 placed on the character suitability. The plaintiff did not do justice to this with the covert film recordings.
Because of its fundamental importance, the LSG has approved the revision to the Federal Social Court (BSG) in Kassel. fle / mwo