The replacement of an employed doctor in a medical care center (MVZ) is only possible to the same extent as the employment of the doctor who has left. If the doctor to be employed is to work longer, the increase in working hours requires the approval of the licensing committee. This was decided by the Baden-Württemberg State Social Court (LSG) in a ruling dated December 8, 2010 (Ref.: L 5 KA 3673/10 ER-B).



A cardiologist transferred his practice to an MVZ, creating an additional doctor's position there. The doctor working in this position gradually reduced his weekly working hours from 40 to 20 hours. In the course of filling the doctor's position, the MVZ applied to employ a doctor for 40 hours per week. However, the licensing committee rejected this. The MVZ applied in vain for approval for more than 20 hours per week as part of the provisional legal protection. In the opinion of the LSG, only the scope of activity of the retired doctor and not his predecessor is decisive for the subsequent appointment.



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Bibliographic information

Title: Physician and medical law compact

ISSN: 2190-8044

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