Senior physician sentenced

Trial after tragic death of baby Lukas

A picture that says more than a thousand words: the parents' last touches with their son before the machines stopped.

(Bild: Bettina Danzl)

Losing a newborn child is an incredibly traumatic experience. On Wednesday, a gynecologist stood before the regional court in Wels for the third time. After 90 minutes of overtime, he was sentenced to three months' conditional imprisonment and found guilty of involuntary manslaughter and assault.  

Time and again, women report that their fears, worries and pain were not taken seriously during the birth process. In this extremely vulnerable and helpless position, they are completely at the mercy of the medical staff and can only rely on their competence.

Severe brain damage at birth
In some cases, however, even decades of experience cannot help against misjudgements and mistakes: this was also the case with Sabrina W. The now 38-year-old lost her second child. The reason: Lukas had suffered severe brain damage as a result of the birth. 

More than two years after the birth, Sabrina W. had to relive the whole ordeal because the defendant's lawyer, Gerhard Huber, had insisted that the mother testify as a witness in court. 

(Bild: Alexander Schwarzl)

No problem identified
After her first child was born by caesarean section, the mother had been undecided from the outset as to whether another caesarean section or a natural birth would be advantageous. After numerous inquiries and several examinations by various doctors, she was told that neither method was likely to cause any problems. The mother and father therefore opted for a vaginal birth. 

Helping or driving home
When the contractions had finally "gone to sleep" after the delivery, the woman from Salzburg was faced with a decision: Either help with medication or go back home. "Because it was clear that the little one had to be born, I decided to help," said Sabrina W. in court. However, she was not told that this could lead to a life-threatening uterine rupture in high-risk patients like her, who had already had a caesarean section. 

"I knew contractions were different"
The contractions had returned quickly as planned, but severe pain had arisen just as quickly despite the abdominal anaesthetic. "I knew from my first birth what contractions felt like and that this pain was different," says Sabrina W. "That was the first time I made it clear that I wanted a C-section." 

The day we turned off the machines and felt Lukas' heartbeat for the last time was the worst day of my entire life.

Mutter Sabrina W.

Nothing helped
Because various methods and remedies to alleviate the pain didn't work and the pain only got worse, two doctors and four midwives finally induced a bell birth while one of the doctors pressed on her belly from above. However, the pain had become absolutely unbearable. Sabrina W. pleaded several times for a caesarean section. 

Almost did not survive the birth herself
Finally, several hours after the labor was induced, an emergency caesarean section was performed, which revealed a massive uterine rupture. Sabrina W. had lost two liters of blood and almost didn't survive the birth itself. Little Lukas was born with severe brain damage. He was ventilated for several days before the parents finally had the machines turned off. 

Birth was a martyrdom
"The birth of our Lukas was very bad, I've been in a lot of physical and emotional pain ever since. Although I was assured several times that a caesarean section would be performed as soon as problems arose, this never happened. I wasn't taken seriously," Sabrina W. describes with a trembling voice. "Our plan was always to have three children. In the worst case scenario, my eldest would have lost her mother. The day we turned off the machines and felt our Lukas' heartbeat for the last time was the worst day of my entire life." 

Trial full of twists and turns
The trial on Wednesday brought many surprises: first, the expert witness said that all the points of misconduct and breach of duty of care cited in the expert opinion were null and void in terms of legal utilization, as the senior physician had acted in accordance with house rules and SOPs (standard operating practices). As a result, the state and victims' counsel requested a new expert opinion, which was not granted.

The defendant's lawyer, on the other hand, described him as a highly popular and very committed doctor who had successfully attended over 4,000 births since 2012 alone.

Verdict 90 minutes late
In the end, after 90 minutes of delay, the verdict was finally reached: not an acquittal, but three months' conditional imprisonment for the 64-year-old senior physician. He was found guilty of the offenses of involuntary manslaughter and involuntary bodily harm. In addition, he must pay Sabrina W. 2,500 euros in partial compensation for pain and suffering. The verdict is not yet final.