Process - Patients infected with hepatitis C: BGH confirms judgment
The Federal Court of Justice (BGH) in Karlsruhe has confirmed the verdict against an anesthetist in the Swabian hepatitis scandal. According to the judges of the Augsburg Regional Court, the 61-year-old, who was infected with the hepatitis C virus, infected patients with the virus during operations in 51 cases, "in blatant disregard of applicable hygiene regulations". The senior physician employed in a hospital had accepted the infections. He was sentenced to a two-year suspended sentence for 51 counts of grievous bodily harm and embezzlement.
The 1st Criminal Senate of the Federal Court of Justice found no legal error to the detriment of the accused in an appellate review of the verdict, the Federal Court of Justice announced on Thursday. The senate therefore dismissed the defendant's appeal. The public prosecutor's office had demanded three years in prison for the doctor, but then accepted the sentence without lodging an appeal.
The cases occurred between February 2017 and April 2018. The 61-year-old had confessed in the trial before the Augsburg Regional Court. The judges had assumed that the doctor had infected a patient himself without realizing he was ill. The background to this was that he repeatedly diverted opiates from the hospital in Donauwörth (Donau-Ries district) due to his own ailments and secretly injected himself.
Hepatitis C is a disease that often goes undetected, but can also have serious long-term consequences. According to Deutsche Leberhilfe, the infection heals on its own within six months in 20 to 50 percent of cases. In the other cases, the liver inflammation becomes chronic and remains in the body. After 20 to 30 years, cirrhosis and liver cancer can occur in those affected.
Statement BGH
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- The hepatitis C virus, a disease known for its ability to go unnoticed, was the culprit in this case, potentially leading to serious long-term consequences for the infected patients.
- The incident took place in a hospital located in the Bavarian district of Donau-Ries, specifically in the town of Donauwörth.
- The attempted cover-up of the anesthetist's actions included the secret self-injection of opiates, which he had diverted from the hospital.
- The consequences of contracting hepatitis C are not limited to the initial infection, as chronic liver inflammation can develop and potentially lead to cirrhosis and liver cancer after 20 to 30 years.
- The judgment against the anesthetist for infecting patients with the virus during operations, as well as embezzlement, was confirmed by the Federal Court of Justice in Karlsruhe.
- The Hepatitis C virus is not an uncommon issue in medical settings, as it often goes undetected and can lead to criminal charges if it results in bodily injury to patients, as seen in this case from Bavaria.
Source: www.stern.de
