Acquittal for gynecologist after cancer diagnosis

Gynecologist not guilty about later diagnosis of breast cancer

27/11/2013

A gynecologist from Sundern was acquitted by the Higher Regional Court in Hamm on suspicion of having performed a wrong or incorrect treatment in a patient with breast cancer. The woman had sued the doctor for damages and compensation of 65,000 euros and a monthly pension of 1,000 euros. However, an expert commissioned by the court found no omissions by the gynecologist.

Gynecologist has been proven no failure in the diagnosis of cancer
In 2008, the gynecologist diagnosed a serious breast cancer in the applicant. Subsequently, the woman underwent a mastectomy, chemotherapy and radiation treatment. In previous examinations in the years 2006 and 2007, the gynecologist did not notice any abnormalities. The woman accused the doctor of incorrect assessment and treatment. But an appraiser could not confirm these allegations. „It has not been established that the applicant's course of the disease would have been less serious if a breast cancer had been diagnosed as early as 2007“, the court said.

The judgment in the case of the Sunderner gynecologist was already on 17 September and was published on Tuesday (file number: 26 U 88/12).

Gynecologist from Dorsten convicted of treatment errors
In another case, a gynecologist from Dorsten was convicted of a late diagnosis of breast cancer. The doctor, who had advised a patient not to a mammogram, was condemned to a payment of 20,000 euros, after the woman a short time later suffering from breast cancer (file reference: 3 U 57/13). (Ag)