Acquittal for Suhl doctor: No negligent homicide after tragic accident!

Acquittal for Suhl doctor: No negligent homicide after tragic accident!

In a remarkable case, the Meiningen regional court has once again ruled on the lawsuit against a doctor from Suhl. The doctor was charged with negligent homicide of a young man who was admitted to the Suhl Clinic in 2016 after an accident and died there. According to information from insuedthueringen.de The accusation was that the doctor did not adequately monitor the 26-year-old, who was being ventilated with a tracheostomy tube.

The focus of the trial was the claim that the tracheostomy tube had slipped and the ventilation was therefore not sufficient. Despite the serious accusation, the doctor was acquitted of negligent homicide in December 2020. In the second instance, this decision has now been confirmed and it has been determined that there was no treatment error.

The legal basis

In medical practice, treatments always involve risks, although fatalities cannot be ruled out. In the event of breaches of duty or treatment errors, doctors can be suspected of violating Section 222 of the Criminal Code, which deals with negligent homicide. Loud kanzlei-burgert.de Such an accusation can result in prison sentences of up to five years or fines, and in the worst case, the loss of the license to practice medicine.

A crucial point in criminal law assessment is that a person's death is required for a charge of negligent homicide. The criminal law definition of human beings applies from birth to brain death, while killing of bodily fetuses falls under other regulations.

Treatment errors and their consequences

A doctor must fulfill his duty of care and not cause the death of the patient through his actions. The assessment of breaches of duty of care is based on the specialist standard. Not every deviation from the rules of art has to be viewed as a treatment error; Medical experts are often called in to examine the circumstances.

There are different types of treatment errors, such as diagnostic errors or diagnostic errors. Even organizational deficiencies in the clinic, such as the chief physician not adequately delegating his tasks, can lead to accusations. In addition, omissions can lead to penalties, although this can be assessed more leniently depending on the guarantor position.

This case highlights the challenges that exist in medical practice. The legal consequences are not only criminal in nature, but can also have professional consequences. Doctors should always have a good hand in their decisions and, if in doubt, seek external expertise in order to be able to stick to their own records.

Current case law shows how complicated and complex the issue of involuntary manslaughter in medicine is and highlights the risks that physicians continually face.