A stroke does not prevent an ophthalmologist from performing further operations. His patients suffer severe eye damage.
The doctor from Allgäu has already been sentenced to suspended sentences twice. The public prosecutor's office blames the doctor for this because he should not have carried out the operations due to his motor limitations. Although the scalpel is generally used according to the rules of medical art, the treating doctor must be able to use it properly and professionally. If this is not possible due to physical limitations – as was the case with the defendant – the use of the Scalpel constitutes “dangerous bodily harm”. According to Section 224 of the Criminal Code (StGB), this can be punished with a prison sentence of up to ten years. Now the Kempten regional court must consider a higher sentence. The case is being investigated by the Bavarian Supreme Regional Court (BayObLG) in Munich. The BayObLG decided that the doctor had acted intentionally because he knew about his health limitations but did not inform his patients about them.