Medical Certificate scandal in Denmark

The case shows quite obviously that no medical regime is bulletproof!

This is far beyond any talks of making things bulletproof. This is insane. I would like to know why. It’s all for the cash?

Yes. Big scandal. A lot of pilots, including me, suddenly had a few months to find a new AME and get a new medical cert.

The examiner/doctor was also employed by the CAA and thus was sitting at the other end of the table so to speak. Hope they lock her up for many years.

Here is the first break of the scandal in a Danish newspaper. AI can probably translate it:
https://www.berlingske.dk/politik/2.000-piloter-skal-nu-have-ny-undersoegelse-efter-fyring-af-styrelseslaege

Amazing!

Bad news for those who didn’t go for dodgy medicals, but presumably many did, knowingly?

The CAA should refund the cost because the service was provided by a State licensed agent.

This is doubly bad because anytime you go to a new AME, he/she will be suspicious. In some cases they ask for all fresh consultants’ reports for anything relevant, although currently-standing reports should be sufficient.

I’m of the former “patients”.

The examinations took place in a normal apartment, except for the eye examinations (a local eye clinic). I also had to pay in cash. If it hadn’t been that there were around 5-6 other patients there as well, I probably would have left. Felt quite dodgy.

Danish pilots got their money back. I did not, and also had to take a full new class one examination (just like an initial examination). The medical they issued me was revoked immediately when it was known, so I was left without for a while.

I heard she was on the run for a while as well.

Peter: I was there only once and it was the fastest check ever. 30 min for a Class 2 with audiogram. Also the doctor was not the owner but another one from a hospital – he still wore his ID card from there. The paperwork had all the normal signatures and stamps. But after the story broke I checked my cert again and could see his AME number was 001. Not very likely…
But who questions a man in a white coat working at another doctor who used to be on the national top hospital AME clinic?

I agree…

Laws differ between countries, but this is a case where the CAA should be liable for the fee.

The problem is that it doesn’t help you; you still need to get another medical.

It’s like various cases of dodgy European and FAA checkrides; the candidates had to re-do the checkride. But actually not always; I know of a case where a pilot got a checkride which the FAA dishonoured (the DPE was temporarily banned from doing checkrides) and the pilot threatened the FAA with legal action and they gave him the certificate! But another pilot I know personally who also got a dud certificate (same DPE) had to re-do his checkride when he arrived in the US to add some rating to it. In general the FAA does make you re-do a checkride.

Peter wrote:

Laws differ between countries, but this is a case where the CAA should be liable for the fee.

What about e.g. student pilot who went for class 1 medical and, based on obtaining it, decided to invest $$$ in integrated ATPL (which assumes pretty much upfront payment) and after medical being revoked on repeated regular medical he/she didn’t pass? Who’s liable for reimbursement?

Who’s liable for reimbursement?

Why not the doctor? The only reason I can see is that they may not have enough money, but that’s no reason not to start there.

I don’t feel that the state should generally be liable for dishonesty. Genuine error or maybe even negligence, yes… but not deliberate fraud.

I asked a lawyer friend for his view on this and if I hear back I will post it.

In the meantime, my view (obviously IANAL) is that if the State is providing a service via a practitioner who is licensed by the State then the State is liable for it.

The UK (this is country specific) has a law which basically says that if you seek advice or a service from a govt or corporate body, you are entitled to assume the advice you get is correct. So if e.g. you email the CAA and ask if you can fly VFR in Class A, and the reply was sent by a toilet cleaner who just happened to be walking past somebody’s PC, you can rely on that advice. This is pretty obvious; no civilised country should have it otherwise! But it does not create a permanent change of law. It means that if you then get prosecuted for VFR in A the prosecution should fail, but only that one prosecution. You cannot use it for a 2nd time. And I have seen this in operation, where someone was prosecuted for illegal flying and pulled out a letter from the CAA (which I saw) which was obviously written by a complete muppet.

Anyway this is digressing but IMHO if you go to an AME you are entitled to assume the AME is real and not an impostor. It is for the CAA to ensure that the people they license are real and proper. After all, you found that AME on some CAA website, which the CAA can check too.

Whether the State should also pay for your wasted integrated CPL/IR course, say 100k, is a different thing. There are probably other legal principles involved e.g. if you crash into another car and it happens to have a $100M vase in the boot and that gets smashed, the owner cannot sue you for 100M. It’s a famous UK legal principle; can’t recall the name.

IMHO the CAA should pay for that too, especially as – amusingly – they are collecting licensing fees from the FTO as well In fact the CAA own the whole merry-go-round pilot paperwork generating machine and collect money from every bit of it

In the US it is different; the FAA doesn’t generally collect licensing fees.