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Landshut (dpa / lby) - Five years after an incurable cancer patient died in a nursing home in Lower Bavaria after a drug mix-up, three employees of the facility have to face another procedure.
The Federal Court of Justice (BGH) in Karlsruhe had questioned the conviction of two nurses and their boss for attempted murder and referred the case back to the Landshut Regional Court.
The process will begin there on May 19, as a spokesman announced on Friday.
The charge against the three accused is now murder by omission.
Only the shift supervisor appealed against the first judgment.
However, the BGH overturned all three convictions on the grounds that they were based on the same error.
In the home in the Dingolfing-Landau district, a nurse had accidentally put another patient's medication next to the 65-year-old.
When the mistake was noticed, the man had already taken the pills.
The employee and her boss did not inform a doctor.
A nurse who had been taken in confidence was also silent.
The patient died one week after the mix-up.
It was no longer possible to clarify whether the wrong drug was the cause.
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The shift supervisor was sentenced to two years and nine months in prison and the two nurses were sentenced to probation before the regional court.
The boss accepted the fatal course in order to cover up the mistake.
However, the BGH doubts that there was intent.
So the woman initiated the nurse herself and asked to check on the patient more often.
© dpa-infocom, dpa: 210514-99-597599 / 2
Judgment of the Federal Court of Justice of August 19