My OperaViolence against doctors - the verdict is in
Saturday, October 21, 2006 6:03:15 AM
A woman was feeling poorly. The reason was her diet consisting of copious amounts of alcohol and recreational drugs mixed together, but nevertheless she called the doctor. During the conversation the connection was abruptly broken. The doctor however found what he had learned so disquieting that he decided to make a house call anyway.
A legal point here that the county in question had a doctor on call, as every Norwegian community is obliged by law to have one available. This means, that although the doctor was a regular GP during the daytime, this special night and in this special function he was a public employee. The county paid him a fixed salary for this duty, but in addition he received some small reimbursement from the patients). Besides, if he wanted to put up office in this county, this duty was mandatory, not voluntary.
So the doctor made the house call. Once there, he found the patient and her fiancee, said fiancee was hostile and aggressive and refused the doctor entrance. When the doctor said he wanted to bring the woman to the hospital, the fiancee kicked him out (literally). So the doc called the police to assist him.
The case was then prosecuted as a criminal case, as there is a special law here concerning "Violence against a public employee" (§ 127 of the penal code).
In the lower court, the perpetrator was aquitted, as the judge found that the doctor was not a public employee.
In the higher court, this verdict was reversed, the doctor was now regarded as a public employee, and the perpetrator was given 120 days behind bars, (This was his 18th criminal conviction), and 7000 Nkr in fines.
A legal point here that the county in question had a doctor on call, as every Norwegian community is obliged by law to have one available. This means, that although the doctor was a regular GP during the daytime, this special night and in this special function he was a public employee. The county paid him a fixed salary for this duty, but in addition he received some small reimbursement from the patients). Besides, if he wanted to put up office in this county, this duty was mandatory, not voluntary.
So the doctor made the house call. Once there, he found the patient and her fiancee, said fiancee was hostile and aggressive and refused the doctor entrance. When the doctor said he wanted to bring the woman to the hospital, the fiancee kicked him out (literally). So the doc called the police to assist him.
The case was then prosecuted as a criminal case, as there is a special law here concerning "Violence against a public employee" (§ 127 of the penal code).
In the lower court, the perpetrator was aquitted, as the judge found that the doctor was not a public employee.
In the higher court, this verdict was reversed, the doctor was now regarded as a public employee, and the perpetrator was given 120 days behind bars, (This was his 18th criminal conviction), and 7000 Nkr in fines.
