Half liver taken from death after scandal surgery - Surgeon has to go to jail

Lawsuit against chief physician - patient died after surgery
Mistakes in medical procedures are by no means uncommon, with fatal consequences threatening at worst. So also in the current case in which, according to allegation of the prosecutor Mosbach (Baden-Württemberg), the faulty operation of a 58-year-old doctor on a patient in the hospital in Buchen (Neckar Odenwald district) causes the death of the woman. Before the district court Mosbach the physician had to justify because of the accusation of the dangerous bodily injury with death sequence.

The accused had the then 30-year-old patient operated as the chief physician at the hospital in Buchen in July 2012 and thereby made an unintentional removal of half liver (hemihepatectomy), the allegation. In addition, the doctor was aware that the woman was not informed about the procedure. Before the district court Mosbach the case was treated on Friday, whereby six witnesses and an expert made their statement. Zudeme have attended several co-plaintiffs and their representatives the process.

Treatment errors are not uncommon in surgery, but the evidence is often extremely difficult. (Image: Kzenon / fotolia.com)

Unscheduled removal of the half liver
According to the prosecutors, the performed hemihepatectomy was not included in the operation plan and the patient was not informed about it. The defendant violated medical treatment rules or secured medical findings. This would have recognized the physician in the view of the prosecution. Subsequently, the surgical intervention was so dramatically designed that the patient had to be relocated to the University Hospital Mannheim, where she died shortly thereafter because of the damage caused by the defendant.

In total, more than ten witnesses were heard during the trial. Among them were some relatives and friends, as well as nurses of the clinic who were on duty that day. The operation "has been very stressful for everyone," said one witness.

Professor Christoph-Thomas Germer, who was appointed as an expert in the process, accused the colleague of technical defects: "The supply was not adequate. The failures during the operation are the reason for the death of the young woman due to multi-organ failure. "

The lawyer of the family lamented the great suffering. The operation has "tremendous consequences for the family, but still lacks an apology", so his accusation.

Former chief physician regrets mistakes
"I deeply regret the course of the operation," said the 58-year-old accused right at the beginning of the trial. The former chief physician said that he no longer worked in the clinic and had to report jobless.

According to prosecutor Franz-Josef Heering, the serious course could have been prevented. The accused accused the prosecutor of "various gross, incomprehensible mistakes" and "violations of the rules of medical art".

The court sentenced the doctor to two years and nine months imprisonment. There was clearly a fatal casualty in a minor case. However, the convicted person may appeal.

Clarification of treatment errors required
Basically, the proof of treatment errors is a very complicated procedure, even if a lot has improved in the past few years in terms of patient rights. In the case of treatment errors with fatal consequences, there is also the difficulty that the most important witnesses, the affected patients, can no longer make any statement. Also, their survivors often have other worries than to handle a lawsuit for alleged treatment errors. In the interest of other patients, however, it is to be welcomed if this is done as comprehensively as possible, in particular in order to avoid similar mistakes in the future. (Fp)