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"Worked Flawlessly": Proceedings Against Doctor Dropped

Einstellung von Verfahren gegen Arzt.
Einstellung von Verfahren gegen Arzt. ©APA/GEORG HOCHMUTH (Symbolbild)
After being accused of gross negligence manslaughter, the public prosecutor's office in Steyr has now dropped all proceedings against a former doctor of the Kirchdorf Clinic.

Spokesman Andreas Pechatschek confirmed to the APA an online article by the "Oberösterreichische Nachrichten" on Tuesday. After obtaining various expert opinions, it was concluded that the doctor had "worked impeccably." The hospital operator's approach was criticized.

Death of Two Patients in Kirchdorf an der Krems Hospital

Specifically, it concerned the death of two patients in Kirchdorf an der Krems Hospital. On December 20, 2024, there was suspicion that the doctor might have caused the death of two people aged 89 and 65 with an incorrect dosage of the morphine "Vendal." The doctor was immediately dismissed and the public prosecutor's office was involved.

The public prosecutor's office in Steyr commissioned several expert reports. In addition, ten other cases of patients treated by the man were examined. Result: The doctor had worked "impeccably," and the medication administrations were all lege artis. The proceedings were dropped.

Supervisory Board Criticized

The case also caused a stir internally within the Upper Austrian Health Holding (OÖG): The supervisory board of the hospital operator criticized that the suspected doctor was immediately dismissed without being given "the opportunity to comment." Instead, "a suspension with the possibility of later dismissal should have been pursued until the allegations were clarified."

There was also criticism of the communication. The OÖG had referred to a "black day in the history of our company" in a press release on December 20. "The necessary transparency must be maintained to avoid any impression of prejudgment," the supervisory board stated in March. Additionally, the supervisory body called on the OÖG to ensure in the future "that in the case of differing professional opinions regarding medical treatment, an external advisory board is consulted before law enforcement authorities are involved in further clarification of such allegations." This would avoid the accusation that any personal tensions influenced decision-making processes. Background: The head of anesthesia, who was on vacation after the incident on her ward, is no longer working at the Kirchdorf clinic.

OÖG commented

The OÖG welcomed the decision of the public prosecutor, stating in a statement on Tuesday, "especially since the long period of uncertainty was also very stressful for our employees at the clinic." They were "relieved" that "there was no criminal act in our company."

However, they were obliged at the time to involve the public prosecutor. "The duration of the investigation and the multitude of required expert opinions illustrate that the situation was extremely difficult to assess at the time the incidents became known, so a final judgment was not possible then," the approach was defended, while also assuring that the recommendations of the supervisory board would be "of course taken into account."

Following the announcement of the closure of the proceedings, the Medical Association of Upper Austria is urging that "the background be fully illuminated, from the events in the department to the media processing by the holding. It must be ruthlessly uncovered which processes did not fit, to prevent such cases in the future," said President Peter Niedermoser. The OÖG is "massively challenged to restore the reputation of the doctor in Kirchdorf," stated section chairman Harald Mayer. An employment law process involving the affected physician is still pending.

(APA/Red)

This article has been automatically translated, read the original article here.

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