Hamburg doctor convicted: heart attack not detected – patient died!

Hamburg doctor convicted: heart attack not detected – patient died!

A Hamburg doctor was sentenced to a suspended sentence of six months by the Altona district court after he culpably failed to recognize the symptoms of a heart attack in a 49-year-old patient. The tragic event occurred five years ago when the woman contacted emergency services just before midnight on August 19, 2020, complaining of chest pain radiating to her upper arms and back. These symptoms were identified by an expert as clearly typical of a heart attack, but the 50-year-old doctor recommended taking painkillers and hung up.

A few hours after the phone call with the doctor, the patient died - a terrible event that the doctor dismissed with the argument that the pain could have many causes and that the woman had not reported any shortness of breath or feeling of oppression. The expert vehemently contradicted these arguments, explaining that such signs should always be assumed to be a heart attack. Their opinion was based on the view that a timely examination or the use of an ambulance could almost certainly have saved the patient's life. This is a serious accusation for the treating doctor, because the criminal assessment falls under Section 222 of the Criminal Code, which regulates negligent homicide and thus criminalizes the death of a person due to behavior that violates the duty of care, as Kanzlei Burgert explains.

The legal consequences

The case sheds light on the strict regulations in medical law that ensure that doctors fulfill their duty of care. Any medical error can not only result in lengthy legal proceedings, but can also lead to serious professional consequences. If you are convicted of negligent homicide, you can face up to five years in prison or a fine, and the loss of your license to practice medicine is also a potential consequence anwalt.de emphasizes.

Negligence is deemed to have occurred if due care was not taken even though the danger was evident. The case exemplifies the important role correct diagnosis and communication play in a medical context. For example, diagnostic errors or failures in monitoring can have fatal consequences and can even lead to civil prosecution by relatives if they are affected by a treatment error.

Prevention measures for medical personnel

To avoid such incidents, regular training and compliance with quality standards should be required for medical personnel. Thorough documentation of all diagnoses and treatments is essential not only for medical quality, but also for the protection of specialists. The structural organization of emergency services also plays a critical role in being able to help patients quickly and efficiently.

Given the seriousness of the situation and the associated legal consequences, it is recommended that you consult a specialist lawyer in the event of allegations such as negligent homicide. This allows victims and families to advocate for their rights, while medical staff can be assured of expert defense.