Patient dies after surgery - doctors reject guilt
Two doctors have been standing in front of the district court in Kempten since Wednesday because, according to the prosecutor, they did not inform a patient about the risks of an intervention. The 50-year-old man died in 2006 after a liver cell transplant, which was carried out as part of a study.
Discussion about patient consent
The two doctors have to answer to the court for bodily harm resulting in death. They are charged with deceiving the patient about the chances of success. The patient participated in a study in which a new treatment method 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." The patient also knew that it was a new procedure.
A doctor recently won a trial in which a patient considered her consent to surgery to be ineffective because she did not understand the information. The court ruled that the physician could not be expected to intensify or repeat an information session if there was no indication from the patient that the patient did not understand the information session. The patient could have asked. (ag)