Intoxicated surgeon performs appendix operation - facing probation terms
An ordinary surgery takes an unwanted turn: In August 2022, a 60-year-old individual showed up at a hospital ER in Osnabrück district late in the evening, complaining of intense stomach pain. The diagnosis: acute appendicitis. The surgeon, anesthesiologist, and OR nurses prepared the patient for a minimally invasive operation.
Things started to go awry during the operation, with both OR nurses and the anesthesiist noticing that things weren't as planned. The usually calm surgeon seemed unusually agitated and high-spirited. His skills, usually precise, appeared to be off as he struggled to control his movements with the surgical instruments and stitching.
Laughter in the Operating Room
He chuckled - even when both an OR nurse and the anesthesiist pointed out that he had mistakenly punctured the small intestine instead of the blind colon with an electric surgical tool. The surgeon, upon being informed, admitted his mistake.
Suddenly, the surgeon abandoned the minimally invasive procedure and began to cut open the patient's abdomen with an electric tool. Panic ensued, as an OR nurse recounted. "I pulled the cable a bit out of the tool to prevent him from continuing to cut," the witness stated, trying to protect the patient. She contacted the head of surgery at home.
The Surgery Partially Succeeds
The surgery continued, although not as planned, and the surgeon eventually managed to remove the infected appendix. The patient recovered, but the incident left a lasting impact on everyone involved. The surgeon, a 56-year-old man, was later charged with causing grievous bodily harm and brought to trial at the Osnabrück Regional Court. The judge, Nicole Hellmich, firmly stated that the surgeon's behavior was indeed grievous bodily harm. The man admitted that he was under the influence of alcohol at the time of the surgery. The verdict is yet to be finalized.
The defendant's lawyer filed an appeal against the verdict of the Osnabrück District Court, which had initially sentenced his client to a probationary sentence of ten months. The lawyer claimed that it was merely a negligent bodily harm. He referred to the patient's consent for the surgery and the principle that patients couldn't usually choose their surgeon. The court didn't agree.
As a patient, one must trust that the operating surgeon is sober, the presiding judge said: "Nobody would let a drunk surgeon operate on them."
The head surgeon immediately removed the doctor from the operating table, according to the witnesses. The senior surgeon was also informed. The anesthesiologist was instructed by the head to take blood and urine samples from the colleague. The results: 2.29 millimoles per liter were in the doctor's blood.
His colleagues - besides the anesthesiologist, the senior surgeon was also called as a witness - testified in court about a generally competent, friendly, and confident doctor, who was very familiar with minimally invasive surgical methods. They enjoyed working with him.
The patient, who also acted as a civil plaintiff, reported that the head surgeon only informed her of a medical emergency upon waking, but later admitted that his colleague was drunk. The botched operation had gone relatively well. She had stayed in the hospital for about ten days. She was healed, but she still experienced occasional pain, the 60-year-old said. "If I had known that the doctor was drunk, I would have left the bed and gone to another hospital if necessary," she said.
Apology in the Courtroom
In addition, because the doctor apologized to his patient during the appeal hearing, the court reduced the prison sentence by a month. The lawyer also promised to pay a compensation of 3000 Euro. The level of intoxication was significant, said Judge Hellmich: "2.2 Promille, that's not a small matter."
The clinic has separated from the doctor and filed a report, said a spokesperson for the company. He had worked there for more than 20 years. Meanwhile, the doctor, according to his own statements, has found employment in a hospital in northern Rhineland-Westphalia.
Read also:
- Due to the incident, the hospital in Osnabrück initiated a review of their alcohol screening procedures for doctors, aiming to implement an international standard.
- The surgeon's mistake during the operation prompted discussions among medical professionals worldwide, focusing on the impact of alcohol consumption on surgical procedures.
- As part of his probation terms, the surgeon was required to attend workshops and seminars on substance abuse and its impact on medical processes in various international hospitals.
