Prison sentence of 15 years for unlicensed individual posing as an anesthesiologist
A former anesthesiologist, aged 54, was sentenced by the Regional Court of Kassel to 15 years in prison for causing grievous bodily harm resulting in three deaths and ten instances of severe injury. Initially, the Regional Court had handed down a life sentence, citing the gravity of the offense, including three counts of murder and ten counts of attempted murder. However, the Federal Court of Justice (BGH) in Karlsruhe partially overturned this verdict, remanding the case for retrial due to insufficient evidence of intent to kill.
The convict had fraudulently acquired a position at a hospital in Fritzlar, using a forged approbation certificate, where she remained for several years. The court found that her medical errors had led to the deaths of three patients and severe injuries to others in the initial trial. The earlier verdict also established the exceptional gravity of her offense, making early release after 15 years highly unlikely.
However, the woman successfully appealed the verdict. The BGH found parts of the decision unsound, including the undocumented intent to kill. As a result, the case was returned to the Regional Court of Kassel for another trial.
During the retrial, the court followed the demands of the public prosecutor's office and found that no intent to kill could be substantiated. The co-plaintiffs had called for a life sentence for murder and a verification of the extraordinary severity of the offense, while the defense lawyer recommended a total sentence ranging from seven to eight years for severe bodily harm or eight years for severe bodily harm resulting in death. The new verdict is not yet final.
The former anesthesiologist, upon her successful appeal, was found to have committed severe bodily harm resulting in deaths and injuries, given her medical errors in a hospital in Fritzlar. Despite the public outcry for a life sentence based on the extraordinary severity of the offense, the court, during the retrial, could not substantiate an intent to kill, resulting in a sentence yet to be finalized. The science behind medical-conditions and health-and-wellness was evident in the court's decision-making process, as the court weighed the gravity of the offense against the need for a fair and just sentence.
