[Professional discretion in cases of unfitness to drive due to impaired vision (author's transl)].

The question of professional discretion is discussed in relation to cases where the physician believes that the patient's visual impairment renders him unfit to drive. It is often difficult for the ophthalmologist to make a valid judgment. Since physicians are not bound to report such cases to the traffic authorities or to third persons, any assumption of responsibility in making a statement, either without the patient's knowledge or against his will, is an infringement of professional secrecy. Article 34 of the (West German) Penal Code makes provision for "justified" disclosures. There is also a relevant verdict of the German Federal Supreme Court dated Oct. 8, 1968, case ref. VIZR 168/67, which deals with basic considerations. However, it is advisable in each case to consult the legal adviser of the responsible Medical Council prior to making any disclosure in order to establish whether it is justified.