For weeks he had no idea that it was his operation that was the subject of numerous media reports. The 33-year-old Styrian had had an accident at the beginning of the year while working on forestry in the Weiz district, was flown by emergency helicopter to the LKH University Hospital and underwent emergency surgery on his head. At the beginning of June it finally became public knowledge that a neurosurgeon from Graz had allowed her 13-year-old daughter to assist in an operation at the LKH. The Styrian only found out a month later that this was his case, from the police.
The 33-year-old’s lawyer, Peter Freiberger, confirmed a corresponding report in the “Kronen Zeitung” to the Kleine Zeitung on Sunday. According to the lawyer, the doctor’s daughter not only helped with the operation, but also drilled the necessary hole in the accident victim’s skull herself. For Freiberger, this is a clear case of serious bodily harm. Kages and Med Uni have since dismissed the surgeon and another specialist who was present (we reported). However, the lawyer also sees responsibility on the part of everyone present in the operating room who had the opportunity to prevent the events.
Compensation for pain and suffering from those involved
Accordingly, Freiberger now wants to take legal action against all those involved. For the time being, he has joined his client as a private party to the criminal proceedings, while the public prosecutor’s office is currently investigating the two doctors and five other people present in the operating room. “After that, my client will seek compensation for pain and suffering through civil law if necessary,” says the lawyer. The 33-year-old is still suffering from the consequences of the accident. Freiberger makes it clear: “The operation and the drilling were necessary, that is beyond dispute for us. But it is a question of letting a 13-year-old do something like that.”
The lawyer is particularly annoyed that Kages has never contacted his client since the events became known. “There has been no contact, no explanation or apology, nothing. That is simply undignified.”
Warnings against surgical team
The hospital company has so far neither confirmed nor denied that the 13-year-old had used the drill herself. The fact that the young woman had “actively participated in the operation” only became known after a statement on May 29, they said in response to an inquiry. The dismissal of the two doctors remains in place, and warnings have been issued to the rest of the surgical team – subject to further consequences “that could result from the investigation and possible criminal proceedings.”
Kages explained its silence towards the victim by saying that it was first necessary to ascertain which operation had caused the incidents. Since the patient then joined the criminal proceedings as a private party and thus became a party, no further contact was made with him. According to Kages, the operation itself went without complications.
