- Overturned verdict in medical malpractice case involving Covid-19 patient's demise
The Highest Federal Court (BGH) has reversed the sentence of a physician who was given a three-and-a-half-year prison term for involuntary manslaughter. The physician had reportedly given a lethal dose of potassium chloride to a critically ill COVID-19 patient in an ICU during the fall of 2020, aiming to make the man's passing easier, according to the defense. The Lower Court of Essen had declared the doctor guilty in November 2021.
However, the federal judges determined that it was not definitively proven that the 47-year-old individual actually perished due to the injection. The life-sustaining equipment had already been turned off prior to the incident. As a result, the lower court must reconsider the case.
However, the doctor may not escape penalty: In two other comparable cases, he was convicted of attempted involuntary manslaughter. The BGH upheld this judgment and dismissed the appeal, making it final.
The doctor's defense argued that the lawful shutting off of the devices resulted in the death, not the injection of potassium chloride. The medication was intended to soften the dying process. However, its potential impact remained uncertain. Moreover, a palliative end-of-life care had been discussed with the wife prior to the incident.
A nurse had reported the situation, asserting that the doctor had not given up on the patient from the Dutch city of Venlo. The doctor, however, allegedly informed the wife that there was no hope left.
The BGH's decision to overturn the physician's sentence sparked debate about the role of Health and Safety regulations in such end-of-life care situations. Despite the doctor's conviction in two similar cases, the court acknowledged the uncertainty surrounding the effects of the potassium chloride injection and the potential contribution of the withdrawn life-sustaining equipment to the patient's death, emphasizing the importance of thorough Health and Safety procedures in such critical situations.
