German Doctor being sued for reckless driving while trying to save child

"Fred (FreddsterExprs)" (freddsterexprs) 02/06/2015 at 10:48 • Filed to: None

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Yay, you just saved a child's life! We'll see you in court, champ! A German doctor is experiencing pretty much this exact paradox. In April 2014 Mr. Hartz was notified of an emergency case: a two year old girl accidentally swallowed instant adhesive and was about to suffocate. The 51-year old doctor rushed to the case and managed to save the girl's life.

The state's issue is his rush, or his driving. He allegedly overtook some pedestrian cars on the ten kilometer drive. One driver complained that Hartz steered into the oncoming lane too abruptly while passing a car that was turning right, causing an oncoming driver to brake hard and get out of the car's way. No one was hurt nor was there any damage to any car, but he received a fine of 4500€ (about 5 grand in yank money) plus is facing 6 months without a driver's license. He appealed the decision which will now be decided in court. According to the doctor his average speed was 85 kph (52 mph) which on the country roads of Germany is below the speed limit of 100. He also added that in his career of 23 years and 5500 cases he never received any fines for traffic violation.

The case received media interest as it's likely to serve as a precedence case for emergency workers overstepping their rights.

Edit: it's not clear whether Mr. Hartz was driving his personal vehicle or a proper emergency vehicle. Judging from the equipment he was using (emergency lights & horns) I'm thinking of the latter - it's very unlikely for a doctor to have such a car as a personal vehicle.

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Tohru > Fred (FreddsterExprs) 02/06/2015 at 10:50

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I'm on the doctor's side here.

SidewaysOnDirt still misses Bowie > Fred (FreddsterExprs) 02/06/2015 at 10:51

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Ze germans... NEIN! ZE SIGN SAYS 100, NOT 110!

ttyymmnn > Fred (FreddsterExprs) 02/06/2015 at 10:58

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Was the doctor driving the Notarzt-liveried vehicle with flashing emergency lights, or his own personal vehicle? Here in the US, emergency vehicles must use caution when responding to an emergency and abide by the legal concept of Due Regard. Basically, that means you can do what you need to while driving an emergency vehicle (lights and sirens only) so long as you are not putting yourself, your partner, your patient, and the people around you at risk of harm or injury. You can go through a red light, drive against traffic flow, park wherever, etc. But you still have to show caution for others. I'm glad the little girl survived, but I think that even in the case of a medical emergency a doctor or ambulance can't put other citizens at risk in a rush to get to the patient.

Jordaneer, The Mountaineer Man > Fred (FreddsterExprs) 02/06/2015 at 11:06

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Sounds like, he was driving his own car, and was driving it more dangerously than normal which is understandable, I think he was right in driving personally, drive slightly more dangerously and saved her, no one was hurt, if it had been in america, there would have been 12 people killed in a 40 car pileup or something of the sort because americans suck at driving and someone would have probably rear-ended him or something because they were texting.

Fred (FreddsterExprs) > ttyymmnn 02/06/2015 at 11:06

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It's not clear, but the article clearly states that his car was equipped with emergency lights and emergency horns, which is enough. I'm assuming it's a proper medical vehicle and not a private car - a doctor's private car being equipped with that is highly unusual.

It's the same in Germany, they are allowed to run red lights or even drive in opposite traffic lanes if it's save. Also, from what I've seen in my 4 months in New York, Germans usually get the out of the way of emergency cars really quickly.

What's interesting is a) how harsh the fine is and b) that he didn't go crazy fast.

Fred (FreddsterExprs) > Jordaneer, The Mountaineer Man 02/06/2015 at 11:09

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Also: Americans seem lazier about getting out of the way of emergency vehicles. I kid you not, when there's blue flashing lights behind you, the row of cars splits in seconds in Germany. It's a huge part of driver's education.

ttyymmnn > Fred (FreddsterExprs) 02/06/2015 at 11:17

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As a parent of three children, I find it hard to divorce from the emotional aspects of this article. I called an ambulance once for one of my kids, and while it probably only took 4 minutes to arrive, it felt like hours. And I'm sure the doctor in this case understood the severity of the situation. I suppose it all hangs on how much in danger the other drivers felt by the doctor's actions. And while the fine is hefty, I would think the driving ban is even more severe, particularly for a doctor. It doesn't make sense to me to remove a medical professional from a community, especially if he is required for emergency situations.

The concept of emergency medicine is very different in the US from other parts of the world, particularly Europe. Here we train ambulance personnel as paramedics, which allows them to administer certain life saving medications and other more advanced techniques if ordered by a doctor. We don't have doctors who respond to emergency situations. I was surprised, when I first started watching F1, how a crash would bring out a doctor before it brought out an ambulance. Just a different way of doing things.

TheVancen- In Pursuit of a Greater Payday and Car Parts > Fred (FreddsterExprs) 02/06/2015 at 12:13

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Germans take driving very seriously. Your average German driver is leaps and boinds better than your average American or Canadian. Probably because the cars are faster and because of the Autobahn. They have to know how to change a tire on the side of the road to pass their driving test even.

Klaus Schmoll > Fred (FreddsterExprs) 02/06/2015 at 12:48

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He was driving an emergency vehicle, with the lights, fog lights, and blue emergency lights on. So this idiot who ratted him out can't really claim he didn't see him coming.

Klaus Schmoll > Jordaneer, The Mountaineer Man 02/06/2015 at 12:51

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He was driving with the blue emergency lights on, so it's safe to assume it was a full liveried emergency vehicle.

Jordaneer, The Mountaineer Man > Klaus Schmoll 02/06/2015 at 15:23

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I bet its probably different in Europe than in America, but I know someone who is an EMT over here who's car looks like a regular car (and it is, its like a ford focus sedan), and all they have are lights in the front of their car on their dashboard for when they need to get through traffic.

Klaus Schmoll > Jordaneer, The Mountaineer Man 02/06/2015 at 17:38

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Nah, over here it would have been something like in Freddsters lead pic.

Svend > ttyymmnn 02/08/2015 at 17:59

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We have Doctor cars here in the U.K. both Emergency Doctor (blue light) and General Practitioner (green light) (green lights however are not emergency vehicles and are merely to assist getting through traffic).

Racekar > Fred (FreddsterExprs) 02/11/2015 at 20:40

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I am a volunteer fireman in NY and am qualified to drive emergency vehicles. It's amazing how you can pull up behind someone in an engine with sirens and air horn blasting and lights flashing and they have no idea you are behind them.

Fred (FreddsterExprs) > Racekar 02/11/2015 at 20:46

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I just moved to NY, have been here for 4 months. And holy cow, people don't care about emergency vehicles. I was really shocked to see how people ignore ambulances. Compared to the panicky "LETS GET ALL OUT OF THE WAY, SOMEONE IS DYING" mentality back in Germany it's a real difference in driving culture. A difference for the worse.