Anesthesiologist must be detained for three and a half years

Anesthesiologist must go to prison for three and a half years. Outdated anesthesia equipment during a dental treatment caused the death of a child.

A two-year-old child died following a dental treatment in 2009 as a result of anesthesia. Today, the decision was made at Halle Regional Court against the then anesthesiologist: three and a half years in prison without probation for the accused 53-year-old physician.

Already in January 2009, the devastating death of a two-and-a-half-year-old boy had occurred. The boy refused to open his mouth during many dental appointments for caries treatment. So that the dental treatment could still be carried out, the mother arranged an appointment with another dental practice. It was agreed that the treatment would take place under anesthesia. During the anesthesia, the small patient was exposed to a significant lack of oxygen. Due to outdated anesthesia devices, the lack of oxygen did not seem to be noticed by the physician. The child died two days later.

Outdated anesthetic equipment
Originally, the prosecution's charges were up „negligent homicide“. Due to new evidence, the indictment „Assault with death“ transformed. In the course of the court hearings, different experts were ordered, who proved that the used anesthesia equipment no longer complied with the usual standards. The prosecutor had accused the doctor of being responsible for the death of the two-year-old patient by "non-medical behavior". The independent anesthetist was not a member of the doctor's office, but was specifically ordered for the treatment of dentists. For this reason, the treating dentist was not accused of the practice. Because the death of the child was caused by the narcosis.

Guilt of the doctor was proven
The court found it proven that the equipment for the anesthesia were outdated. The judges at the Halle Regional Court thus followed the charges of the prosecutor and the 53-year-old physician from Zeitz in Saxony-Anhalt found guilty of bodily harm resulting in death. As the prosecutor Klaus Wiechmann said in the plea, the accused had not only used a wrong anesthesia machine, but also all medical warnings, such as blue lips, did not notice.

The defense of the doctor had to be convicted on a conviction „negligent homicide“ demanded and demanded a sentence of two years probation. The doctor was after the tragic incident anyway „at the end“. His medical license had already been withdrawn, his client suffered from depression, as the lawyer said in the plea. In the closing statement, the accused said he was "incredibly sorry." Especially because it is about a child. This fact had particularly shaken him. (sb, 17.11.2010)

Also read:
Child dies after visiting a dentist
Judgment against anesthetist again postponed

Picture credits: Michael Grabscheit