20 months in prison for cosmetic surgery: The biggest mistake of my life

20 months in prison for cosmetic surgery: The biggest mistake of my life

Wien, Österreich - A Georgian doctor was imposed after causing serious assault during a cosmetic surgery in Vienna. As Exxpress.at , the defendant was comprehensively confessed at his first question and described the act as "the greatest mistake of my life". However, his lawyers rejected the public prosecutor's allegations and emphasized that the intervention was carried out on a voluntary basis, in contrast to other cases, such as that of the ex-SK rapid player Guido Burgstaller.

The process revealed that the intervention, although carried out correctly, took place under unacceptable conditions. An expert confirmed that the operation in an apartment did not meet the necessary standards. If the doctor had worked with an assistant, the complications might have been avoidable. In addition, the legally valid consent of the 58-year-old woman was not available for the procedure.

the judgment

The Schöffensenat, under the chairmanship of Markus Müller, condemned the doctor for a prison sentence of 20 months for serious bodily harm, which is due to 16 months. In the reasoning, it was stated that the doctor had no intention to violate the woman. His reputable confession and his previously unspecified lifestyle also flowed into the judgment. After four months in custody, the accused can leave the prison early. However, the public prosecutor did not give a statement, so that the judgment is not yet final.

In the context of medical healing interventions, the question of the legal classification of such interventions asks as shown in criminal right-online.org A medical intervention objectively fulfills the facts of the assault, unless there is an explicit or alleged consent of the patient. It is crucial that interventions must not be carried out independently and without taking into account the patient's right to self -determination. Doctors must be aware that they can make themselves punishable in accordance with Sections 223, 226, 227 if these requirements are not observed.

legal framework conditions

In addition, there is a discussion about the distinction between successful and unsuccessful interventions. Critics warn of equating successful treatments with violent actions, while others indicate that in certain cases medically indicated treatments could be permitted under criminal law without the consent of the patient. This could lead to a partial incapacitation of the patient. In particular, the question of when a medical procedure is evaluated as bodily harm remains complex.

Another example of this complexity offers the case that the Federal Court of Justice (BGH) decided on May 26, 2020. It was about a caregiver who gave a higher dose of morphine to a patient with lung cancer than prescribed by a doctor. The BGH made it clear that interventions carried out as bodily harm, even with a healing intentions, can be assessed if there is no effective patient's consent. This underlines the need for a careful legal examination in medical interventions, as on criminal rights blogger.de

Overall, the Georgian doctor's case shows the challenges and legal implications associated with medical healing interventions. It becomes clear that both the correct implementation and compliance with the legal requirements are decisive in order to protect the well -being of the patient and to avoid criminal consequences.