Judgment - A teenage boy - Probation for anesthesiologist
A teenager with broken teeth had terrible pains for years but was too anxious to go to the dentist. The family saw only one way out: A treatment under general anesthesia at a practice in Hamburg-Altona. However, there were complications. The 18-year-old died. Eight years later, two doctors had to answer for it at the Court.
The anesthesiologist was sentenced to one year and six months probation for manslaughter with death as a consequence. The similarly accused dentist was acquitted. The verdict is not yet legally binding.
"This case is very disturbing", said the presiding judge Matthias Steinmann. The young man had taken strong painkillers constantly. His mother could only persuade him to visit the defendants' practice. They could only make an X-ray, he refused further examination. "He had a dentist phobia", said Steinmann.
More than eight hours general anesthesia
The dentist's suggestions for alternative methods such as a treatment under hypnosis were rejected by the patient. Eventually, a date was set for the general anesthesia, which was supposed to last more than eight hours. "He just wanted to sleep, wake up, and everything would be fine", so the judge. But during the lengthy procedure, there was a heart-circulatory failure. Shortly thereafter, the patient died in a hospital.
The dentist and the anesthesiologist brought along had wanted to help the 18-year-old, emphasized Steinmann. A medical expert in court had stated in view of the length of the anesthesia for a healthy, young man: "One can do that, but one must be careful."
However, according to the court's conviction, the 67-year-old anesthesiologist did not have all the necessary equipment, such as ECG monitoring, for such a long treatment. "He felt superior to these aids", said Steinmann. The doctor had thought he didn't need them due to his years of experience. The court did not take away from him that he did not know these standard procedures.
The dentist is not guilty
The judges criticized that the doctor, given the length of the treatment, had not brought along trained assistance personnel. The defendant had not informed the patient and his mother about his equipment deviating from the standard, emphasized Steinmann. They would have certainly not consented. The dentist is not guilty. The 46-year-old had relied on the fact that the experienced colleague, the anesthesiist, would bring the right equipment with him.
The young patient was already a father of a then two-year-old daughter, who, like the mother of the 18-year-old, was a co-plaintiff in the trial. The court evaluated positively for the defendant that he had committed himself to a "large compensation payment" to the child. Steinmann defended in the judgment motivation, that the investigation had taken so long. It was a highly complex matter. The processing was only possible with a large number of medical expert opinions.
The accused regret the death of the teenager.
At the beginning of the process on April 4th, the doctors deeply regretted the patient's death. The anesthesist admitted to making errors. The dentist claimed she had fulfilled her duty of care. Her defense pleaded for acquittal. The prosecution, however, was convinced that the dentist had negligently caused the death and demanded a fine.
The prosecutor had demanded a prison sentence of one year and six months on probation for the anesthesist due to intentional bodily harm resulting in death. The defense of the anesthesist requested that their client be sentenced to probation for negligent manslaughter.
The presiding judge addressed the deceased person's mother in his judgment reasoning. Her statement was impressive and completely credible. "You are not broken," said Steinmann. "You have accepted this fate and decided to continue living." Not everyone has this ability.
The anesthesiologist expressed regret for their errors during the process.Due to negligence, the dentist was not found guilty of causing the teenager's death.The young patient's mother, a co-plaintiff, was praised for her courage and resilience.The anesthesiologist was sentenced to probation for negligent manslaughter, as requested by their defense.The dentist, on the other hand, was acquitted, despite the prosecution's demand for a prison sentence.
