Clinic is subject to the Conflict over smoking ban

A total ban on smoking in hospitals is not right

The Hainaer clinic for forensic psychiatry has failed in its strict smoking ban for the time being. Since some patients had complained against the total ban on smoking in the Hessian Hospital, Marburg, the District Court in that the prosecutors would be given the opportunity to smoke.

The medical director of the clinic in the district of Waldeck-Frankenberg, Dr. Rüdiger Müller-Isberner had to be imposed by the arrangement, in forensics in Haina Monastery and the field office in casting a total smoking ban caused a stir. Since late October, neither the 420 patients, mostly light mentally ill offenders, yet the staff on the hospital grounds a cigarette. Several patients had appealed against this decision and five upheld the complaint.

The court has now decided that for each of those five patients an opportunity to be created for smoking must be identified as appropriate to the individual stations. This means that patients are allowed to smoke in single rooms, are designed for patients with no single room has a smoking room. Must also be allowed to smoke outdoors again.

After this decision, the judge Heike Schneider, another patient had decided to file suit against the total ban on smoking in the hospital.

Despite the judgment remains in the hospital for the time being, however, the total smoking ban, because the clinic at the next higher court, the appellate court, an urgent application was able to cram. This means that the smoking ban will be maintained until the decision to a higher court. The justification for the urgent application is as absurd as absurd: it would cause in the hospital too much trouble, if the five patients are likely to smoke after one year of forced withdrawal again and not others. The Court of Appeal stressed, however, by leaving them no tendency to read urgent decision, as the court will actually decide.

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Related posts:

• 10th February 2012 - Rating: Two smoking allowed in Lower Saxony
• 11th April 2009 - General Hospital smoking ban illegal
• 18th May 2012 - Court ruling stopping smoking
• 15th March 2012 - Court recognizes smoking as a lack of travel
• 20th April 2011 - Bavaria on the path to health dictatorship?

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