Because a doctor continued to work after a stroke, two patients lost their eyesight. The case was brought before the Bavarian Supreme Court. Lawyer Thomas Kinschewski explains.
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Obligation to inform the other way around
A 60-year-old ophthalmologist had a stroke in 2009. Two years later he was able to return to work.
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He operated on patients on an outpatient basis. And in nine cases – following a corresponding criminal complaint – he was shown to have made medical errors.
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After the stroke, he had problems with fine motor skills. Two of the nine patients became blind in one eye each. In 2019, the Kempten District Court sentenced him to three years’ imprisonment for serious and deliberate bodily harm. The district court reduced the sentence to nine months on probation. However, the Bavarian Supreme Court overturned this appeal. With this millimeter-precise procedure, the patients should have been informed.
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The doctor essentially defended himself by saying: I had absolutely no indication that I could and should no longer operate.
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The case is now going back to the district court in Kempten, where it should become clear why the doctor was still allowed to operate and whether there may be any further cases.
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The judgment applies to all doctors
Doctors have an obligation to provide information about reasons that prevent him or her from receiving treatment. The judgment can, however, be extended to all workers in hazardous professions.
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For example, if a doctor can no longer look properly, he is no longer allowed to operate. If a doctor has trembling fingers after a stroke, then he must no longer play around with his eyes, because this is work that is accurate to the millimeter. If a lawyer has mental and memory disorders, he is no longer allowed to practice criminal defense. This can be expanded as required.
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It is up to the patient alone to decide whether or not you want to have an operation after you have been informed.
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However, if I am working on the patient and I should have known that it could go in the eye, then I have to give up my job of my own accord.
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Our expert Almost every day, important judgments are made in the courtroom that can have an impact on our lives. Every week, attorney Thomas Kinschewski presents the most interesting things in short form at MDR JUMP on the weekend.
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