I have a problem with the white coat syndrome. I want to take a checkup, but because of this syndrome, my doctor won't let me take the test. Is there any way (legal provision) for my doctor to allow me to take a physical fitness test in the army?
I do not really find a legal basis for the use of the white coat effect as a mitigating circumstance allowing for a physical fitness check without a medical examination.
Military medical boards take into account the list of diseases and disabilities when deciding on the fitness to perform professional military service and assigning them to one of the categories of physical and mental fitness for professional military service. The military medical board issues a decision immediately after carrying out the necessary medical examinations and completing the documents. The procedure before military medical boards regulated in the provisions of the regulation of 8 January 2010 on the determination of fitness for professional military service (Journal of Laws No. 15, item 80), issued on the basis of the statutory delegation contained in Art. 5 sec. 8 and 9 of the Act of 2003 on the military service of professional soldiers, is of a special nature and therefore the rigors of the Code of Administrative Procedure do not fully apply to it.
This is how the issue was assessed by the Provincial Administrative Court in Warsaw II SA / Wa 686/11: The control of the decisions of military medical boards on the recognition as fit for military service, carried out by the administrative court, comes down to checking the correctness of the procedure preceding the determination of his he alth condition, and in particular, whether the examination of the he alth condition was comprehensive, based on a comprehensive medical history and full physical examinations, and whether the subsequent qualification of the soldier's capability was compliant with the provisions on the principles of determining military service fitness as well as the properties and procedure of medical boards in these matters.
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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