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Defendant with lawyers in the courtroom in Verden

Photo: Sina Schuldt / dpa

Because of negligent homicide of a 14-year-old patient, a physician has to answer to the district court of Verden. The public prosecutor's office accuses the 53-year-old defendant of not having ordered the necessary treatment of the young person after a bicycle fall in 2018 as a "chief physician in the background service" in a Rotenburg clinic. The boy died of a cerebral hemorrhage a day after the accident.

Although the patient vomited bloody several times, had abnormal potassium levels and complained of very severe headaches despite painkillers, no medical measures had been taken to rule out a cerebral hemorrhage. The attending physician had diagnosed a concussion. In fact, the teenager had suffered a skull base fracture. The doctor had exchanged information about the procedure three times by telephone with the chief physician, who was on call at home. During the night, the doctor on duty had changed.

Termination without notice by the clinic management

The three doctors entrusted with the case had been dismissed without notice by the clinic management after the incident. Originally, they had been charged with manslaughter by omission. The court had not allowed this. As a result, the public prosecutor's office charged the three with negligent homicide.

The proceedings against one doctor were discontinued against payment of 12,000 euros, another has since died. The former chief physician had announced in advance that he agreed to the discontinuation of the proceedings against payment of 13,000 euros. The public prosecutor's office demanded 25,000 euros. No agreement was reached and thus the trial was opened.

Apology at the start of the trial

On the first day of the trial, the defendant turned to the mother of the deceased, who was sitting in the courtroom as a joint plaintiff. "I'm so sorry for you as a family," he said. But he could not have recognized the life-threatening injury. "I wouldn't have treated my own children any differently." After his immediate dismissal, he was unemployed for 14 months and is currently working part-time as a specialist. Despite dozens of applications, he was unable to find a job as chief physician. "I'm fighting for my acquittal," he said.

The presiding judge had previously urged the defendant to agree to the discontinuation of the proceedings against the payment of 25,000 euros. He criticized the fact that he insisted on a maximum payment of 13,000 euros as "haggling". The defense denied the accusation and accused the judge of bias. "It's not about the money," said one of the lawyers. "It's about justice." The second lawyer said that the defendant had "acted to the best of his knowledge and belief" in treating the young patient.

lmd/dpa