As of: April 7, 2024, 6:00 p.m
By: Judith Braun
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An ophthalmologist is sentenced to suspended sentences twice: The 63-year-old operated despite having a stroke - with serious consequences for his patients.
A stroke results in a lack of oxygen due to a lack of blood flow to the brain. As a result, nerve cells die. This in turn leads to sudden neurological symptoms such as speech problems or numbness. Those affected often suffer from long-term failure symptoms. This is now fatal for an ophthalmologist, as the
medical newspaper
reports. The doctor suffered from motor restrictions after a stroke, but continued to operate - without informing his patients. Several patients suffered serious damage to their eyes as a result of the procedures. Since then, the Allgäu native has been sentenced to suspended sentences twice.
Ophthalmologist continues to operate despite stroke – two patients go blind
A scalpel is generally used according to the rules of medical art. The doctor must be able to use his tools professionally and properly. (Symbolic image) © Sergei Anischenko/IMAGO
The licensed ophthalmologist from Kempten suffered a stroke in 2009 and has had limited motor skills ever since. In 2011, the 63-year-old began operating on patients on an outpatient basis again. Between April 2011 and June 2015, he carried out twelve outpatient cataract operations and, when informing the patient, concealed the stroke he had previously suffered and the resulting limitations (including deep sensory loss in the right hand). The interventions caused damage to the patients. Two of his patients even went blind in one eye each. The public prosecutor sees the doctor as responsible for this, as he should not have carried out the operations due to his motor limitations.
What is a cataract?
According to information from the Ludwig Maximilian University of Munich,
cataracts or cataracts are
clouding of the lens of the eye. These lead to increased sensitivity to glare and a fog-like deterioration in vision. Cataracts usually only develop in people over 50 years of age and are part of the natural aging process of the eye lenses. The risk therefore increases with age. However, metabolic diseases, injuries and severe inflammation can also be the cause. Surgery is the only treatment option.
In 2020, the Kempten regional court sentenced the doctor to a nine-month suspended sentence for negligent bodily harm in nine cases. However, the following year the Bavarian Supreme Regional Court (BayObLG) overturned the verdict. The
German Press Agency (dpa)
reported on the case at the time, among other things. The BayObLG decided that the Allgäu ophthalmologist had acted intentionally because he knew about his health limitations but did not inform his patients about them. In July 2023, the regional court sentenced the doctor again: This time the sentence for intentional bodily harm in eleven cases and serious bodily harm in one case was a suspended sentence of one year and ten months. Now this judgment has been overturned once again by the BayObLG.
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Ophthalmologist is accused of “dangerous bodily harm”.
According to the BayObLG, “dangerous bodily harm” can be assumed. This occurs, among other things, if it is committed with a “dangerous tool”. The scalpel used during the operation is considered a dangerous tool in this case. 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 - then the use of the scalpel would constitute 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.
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This article only contains general information on the respective health topic and is therefore not intended for self-diagnosis, treatment or medication. It in no way replaces a visit to the doctor. Our editorial team is not allowed to answer individual questions about medical conditions.