Patient dies after surgery - Doctors blame

Patient dies after surgery - Doctors blame themselves

23.11.2011

Two doctors are standing since Wednesday before the district court in Kempten, as they have informed a patient according to the prosecutor of a risk of an intervention. The 50-year-old man died in 2006 following a liver cell transplant, which was carried out as part of a study.

Discussion about patient consent
The two doctors have to answer for bodily harm resulting in death in court. They are accused of deceiving the patient about their chances of success. The patient participated in a study in which a new treatment regimen was to be used. One of the defendants commented on the allegations as follows: „ I made it clear to him that the operation could be fatal.“ In addition, the patient knew that this was a new procedure.

Recently, a doctor obtained a process in which a patient considered her consent to surgery ineffective because she did not understand the Enlightenment. The court ruled that it was unreasonable for the physician to intensify or repeat an educational conversation if he had no indication from the patient that he did not understand the informational discussion. The patient could have asked. (Ag)