Euthanasia process Mechthild Bach commits suicide

The doctor accused in the euthanasia process Mechthild Bach commits suicide with an overdose of morphine

25/01/2011

The cancer doctor accused of the death of thirteen patients Mechthild Bach, has taken his own life. A friend of the doctor found this on Monday in her home in Bad Salzdetfurth near Hildesheim.

The doctor was in a Germany-unique trial in the district court of Hanover and had to defend originally on suspicion of manslaughter. Even though the media and the population quickly spoke of euthanasia, the physician had always emphasized that she did not use life-shortening measures in her patients. The treatment was exclusively for pain relief and pain escort, Bach had during the process of their lawyer explain. The court came in an interim review after the first 50 trial days, however, last week, the conclusion that in two of the cases to be negotiated even indications of murder exist. The imminent lifelong imprisonment, caused the doctor to commit suicide, said her defender Matthias Waldraff.

Procedure around cancer doctor polarized the society
Already in 2005, the internist of the Paracelsus Clinic in Langenhagen near Hannover was the first time in court on suspicion of manslaughter. And even then the process polarized society. Almost every day of negotiations, supporters of the doctor gathered in front of the Hanover district court and demanded their posters on posters „acquittal“ and one „Death in dignity“. Because in her opinion, the doctor Strebhilfe had done on the already difficult final path of the patient and not willfully brought about their death by excessive painkillers doses. Even Bach herself always emphasized that she wanted to help the severely ill patients with their treatment only. The high morphine and Valium doses have been used for pain relief and support and „never made a life-shortening medical treatment“, as her defender explained last week. After the first trial was aborted due to the illness of the judge, the district court Hanover since October 2009, the second edition of the trial negotiated.

Euthanasia? - Judges see evidence of murder
In a first interim report last week, the court came to the conclusion that the six cases discussed so far are to be assumed, „that the patients did not die of natural causes“, said the chairman of the chamber at the district court Wolfgang Rosenbusch. According to him, there are clear indications that the cancer doctor had deliberately caused the death of the six patients by administering morphine and valium. „In addition, it must be checked in two cases, if not also the murder characteristic of the treachery exists“, supplemented rose bush. So far, none of the deaths at the Paracelsus Clinic have suggested that patients have expressed a desire to die, explained the chairperson. In addition, in the two most critically evaluated cases, the seriously ill patients were well aware when they received the lethal dose of the painkillers, according to the court. Because the patients „none of these gifts“ knew and could therefore have been defenseless and defenseless, come in the two cases mentioned even a treacherous killing and considered threatening the doctor's conviction for murder, said the chairman of the Chamber last week.

Physician in view of the assessment of the court without perspective
After the announcement of the judicial interim balance, his client was very depressed and had no prospects, said the defender of Mechthild Bach. The „surprising explanation“ of the court, was by his client „felt in essentials as brutal“, Matthias Waldraff continued. Based on this „She would have gone either for life or 15 years“, so the statement of the lawyer. On Sunday, he tried in a three-hour conversation to rebuild his client, „but she did not find that power after eight years of fighting“, explained Waldraff. In his opinion, Mechthild Bach „without the interim balance of the court (...) still alive“, because there is a causal connection between the court's record and the hopelessness of its client. She had sent a farewell email to close friends before her suicide, in which she described her motivations. Among other things, Mechthild Bach explained that she could not imagine a life without her patients, said defender Matthias Waldraff on Tuesday. His 61-year-old client had killed herself according to the police in her home in Bad Salzdetfurth near Hildesheim on Monday with an overdose of medication.

Disagreements only happen by chance
Actually, for the 15 months ongoing trial for the alleged euthanasia of the internist still 38 trial days until 2012 set. Defense, prosecutors and co-plaintiffs should comment on the court's interim results on 7 February. With the suicide of the doctor, the procedure is now terminated. The fact that the internist was ever brought to court was initially due to a coincidence. In her time as a paramedic at the Paracelsus Clinic from 1987 to 2003 much of an investigator group of the AOK, which was actually looking for billing fraudsters, a disproportionately high morphine consumption on the cancer ward on. In addition, the death rate in the same period of 350 deaths was unusually high in just five and a half years. As a result, the AOK had turned on the prosecutor's office and at first even filed 76 cases. This started a discussion about euthanasia, accompanied by strong media interest, and the right of every human being, always emphasized by Mechthild Bach „to experience his death in dignity and without fear.“

Critics criticized "autocratic behavior"
Critics had repeatedly criticized the autocratic behavior of the doctor, which, for example, to the question of how she realizes that a person is dying, answered: „I did not feel any energy fields when a patient no longer has an aura.“ Thus, the core problem of the discussion on euthanasia became clear: who decides when, whether a person is on its last path. The district court came here in the 13 caused by a drug mix of valium and morphine deaths of between 52 and 96 years old patients apparently to a different result than the cancer doctor and could not detect euthanasia in any of the cases so far treated. Her lawyer Matthias Waldraff emphasized: „Her walking is no admission of guilt.“

Euthanasia in the discussion
Overall, the discussion in Germany about euthanasia with the death of the accused doctor is not over. Legislation has been trying for years to develop a regulation in the interests of those affected. Recently, in this regard, a landmark judgment of the Federal Court of Justice (BGH) (file number: Federal Court of Justice 2 StR 454/09) from June 2010 had strengthened the patient's right of self-determination. The court ruled last year that (in the criminal sense) consent of the patient to justify either the omission of further life-sustaining measures as well as the active termination or prevention of a no or no longer wanted by the patient treatment. In the case of patients who are in a state that is no longer able to consent, the call for the cessation of life-support measures previously given in a living will or in a verbal statement may be sufficient. However, doctors' professional legislation on euthanasia is not yet geared to this relatively new court ruling. However, the German Medical Association (BÄK) is planning its liberalization. As the first country in the world, the Netherlands had already enacted a law in 2001 to regulate active euthanasia. (Fp)

Also read:
Indignation about euthanasia clinic
Palliative medicine: doctors decide on death
Every third doctor is open to euthanasia
Ex-Justice Senator Kusch founds euthanasia e.V.
Suicide-aid arrangements are to be relaxed

Picture: AngelaL