# Germanwings:  Why was the Co-pilot allowed to fly?

**URL:** <https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280>\
**Category:** Factual Questions\
**Created:** [March 29, 2015, 5:02pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280 "2015-03-29T17:02:31Z")\
**Posts on this page:** 9\
**Page:** 3

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**Author:** ![Doughbag](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@Doughbag](https://boards.straightdope.com/u/Doughbag)\
**Post date:** [April 1, 2015, 5:15pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/41 "2015-04-01T17:15:59Z")

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> [@Isilder](#):
>
> basically, yes, they would be best to.
> 
> The standard is “if a crime would be committed”.  
> the attorney being unfit to work is hard to explain, what crime is there ?  
> Perhaps the court should always ask attorneys when they attend if they are fit, so then it would be perjury if they tell a lie.
> 
> The person driving with serious vision problems is committing a crime…  
> In the other thread I proposed that state governments actually accumulate information on all licenses, and the relevant licensing body then informed when a person is suspicious to the doctor… or its of significance like a pilot or train driver…
> 
> Perhaps in the short term, police could informed by the doctor and then police attempt to find the person and verify that the person is “off sick” (to the neccessary extent… permanently out of piloting, for example)

Welcome to the police state.

If I go to the doctor and get driven by my wife, kid, taxi or bus - does the doctor have to inform the dmv?

If I go to the Pub/bar does the bartender call the Garda or Police automatically since you might want to drive later at night, even if you didn’t drive off yourself?

If I have HIV, do I have to wear a armband with blue Star of David… ah, that was done already, by the NAZI’s.

How far do you want to go there?

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**Author:** ![RedSwinglineOne](https://avatars.discourse-cdn.com/v4/letter/r/a9adbd/32.png) [@RedSwinglineOne](https://boards.straightdope.com/u/RedSwinglineOne)\
**Post date:** [April 2, 2015, 10:42pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/42 "2015-04-02T22:42:42Z")

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> [@Doughbag](#):
>
> Welcome to the police state.
> 
> …
> 
> How far do you want to go there?

Not to mention the incredible burden this would impose on doctors who would now need to gain an additional degree in risk management. Can a person who works in a bowling alley be allowed to work if he has fainting spells? What if he falls head first into the [shine-o ball-o](https://vimeo.com/5250579)?

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**Author:** ![get\_lives](https://avatars.discourse-cdn.com/v4/letter/g/ecb155/32.png) [@get\_lives](https://boards.straightdope.com/u/get_lives)\
**Post date:** [April 2, 2015, 10:53pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/43 "2015-04-02T22:53:16Z")

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> [@Doughbag](#):
>
> Welcome to the police state.
> 
> If I go to the doctor and get driven by my wife, kid, taxi or bus - does the doctor have to inform the dmv?
> 
> If I go to the Pub/bar does the bartender call the Garda or Police automatically since you might want to drive later at night, even if you didn’t drive off yourself?
> 
> If I have HIV, do I have to wear a armband with blue Star of David… ah, that was done already, by the NAZI’s.
> 
> How far do you want to go there?

Perhaps you might feel differently had a loved one died on that plane.

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**Author:** ![buddy431](https://avatars.discourse-cdn.com/v4/letter/b/6a8cbe/32.png) [@buddy431](https://boards.straightdope.com/u/buddy431)\
**Post date:** [April 2, 2015, 11:12pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/44 "2015-04-02T23:12:50Z")

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> [@get\_lives](#):
>
> Perhaps you might feel differently had a loved one died on that plane.

Perhaps you’d feel differently because your loved one died when the pilot had an unreported medical condition that he was afraid to go get checked out because he might be grounded.

There’s a reason there are strong doctor-patient confidentiality rules, and that’s because it’s in everyone’s best interest that people go to the doctor. If someone is afraid he’ll lose his job if he goes to the doctor, he might not go, and that doesn’t make anyone safer.

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**Author:** ![JKellyMap](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jkellymap/32/15880_2.png) [@JKellyMap](https://boards.straightdope.com/u/JKellyMap)\
**Post date:** [April 3, 2015, 10:12am UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/45 "2015-04-03T10:12:54Z")

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It comes down to this: Nothing is going to prevent someone from making the wrong decision when confronted with the dilemma of realizing they are unfit for the dream job they have, and that continuing with that job might jeopardize the lives of others.

Either the person is capable of making the right decision, or they aren’t.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [April 3, 2015, 10:46am UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/46 "2015-04-03T10:46:18Z")

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Recent report suggests that [he lied to the doctors](http://www.independent.co.uk/news/world/europe/germanwings-pilot-andreas-lubitzs-internet-history-included-searches-for-suicide-and-cockpit-doors-prosecutors-say-10152432.html) who were treating him:

> [@](#):
>
> Lubitz also reportedly told doctors he was off sick from work when he was still flying commercial aircrafts and was taking medication so strong that patients are advised against driving cars.

So getting back to the OP, if the doctors understood that he was not working, hard to see a claim for negligence against them.

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**Author:** ![Richard\_Pearse](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/richard_pearse/32/13144_2.png) [@Richard\_Pearse](https://boards.straightdope.com/u/Richard_Pearse)\
**Post date:** [April 4, 2015, 12:59am UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/47 "2015-04-04T00:59:56Z")

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Aircraft! Damn it, not aircrafts. Stupid journalists.

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**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\
**Post date:** [June 11, 2015, 8:08pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/48 "2015-06-11T20:08:39Z")

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> [@deanc2000](#):
>
> Here’s my question: Why was the Co-pilot seemingly the only one that knew about this assessment? Why wasn’t it sent to Airline officials in order to assure that this man was not to pilot the plane?

[Doctors didn’t report their concerns to Andreas Lubitz’s employers due to German patient privacy laws.](http://www.haaretz.com/news/world/1.660812)

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**Author:** ![Learjeff](https://avatars.discourse-cdn.com/v4/letter/l/94ad74/32.png) [@Learjeff](https://boards.straightdope.com/u/Learjeff)\
**Post date:** [June 11, 2015, 9:34pm UTC](https://boards.straightdope.com/t/germanwings-why-was-the-co-pilot-allowed-to-fly/716280/49 "2015-06-11T21:34:52Z")

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> [@Musicat](#):
>
> We have privacy issues here. As of now, the right of medical privacy seems to trump the right of the employer to know. Undoubtedly there will be some changes made.

Many countries have “mandatory reporting” laws that come into play when someone is at serious risk of a causing significant harm, and someone known as a “mandatory reporter” finds out.

The question is whether this is a case like that. According to the link above, it’s not, in Germany.

> [@Doughbag](#):
>
> Welcome to the police state.
> 
> If I go to the doctor and get driven by my wife, kid, taxi or bus - does the doctor have to inform the dmv?
> 
> If I go to the Pub/bar does the bartender call the Garda or Police automatically since you might want to drive later at night, even if you didn’t drive off yourself?
> 
> If I have HIV, do I have to wear a armband with blue Star of David… ah, that was done already, by the NAZI’s.
> 
> How far do you want to go there?

[Slippery slope fallacy](http://www.nizkor.org/features/fallacies/slippery-slope.html).

There are competing goals at stake. In the US we have mandatory reporting laws. That doesn’t mean that every possible threat has to be reported to the authorities by every possible observer.

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